Section 105 ILCS 85/10 - Operator prohibitionsAn operator shall not knowingly do any of the following:
(1) Engage in targeted advertising on the operator's site, service, or application or target advertising on any other site, service, or application if the targeting of the advertising is based on any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator's site, service, or application for K through 12 school purposes. (2) Use information, including persistent unique identifiers, created or gathered by the operator's site, service, or application to amass a profile about a student, except in furtherance of K through 12 school purposes. "Amass a profile" does not include the collection and retention of account information that remains under the control of the student, the student's parent, or the school. (3) Sell or rent a student's information, including covered information. This subdivision (3) does not apply to the purchase, merger, or other type of acquisition of an operator by another entity if the operator or successor entity complies with this Act regarding previously acquired student information. (4) Except as otherwise provided in Section 20 of this Act, disclose covered information, unless the disclosure is made for the following purposes: (A) In furtherance of the K through 12 school purposes of the site, service, or application if the recipient of the covered information disclosed under this clause (A) does not further disclose the information, unless done to allow or improve operability and functionality of the operator's site, service, or application. (B) To ensure legal and regulatory compliance or take precautions against liability. (C) To respond to the judicial process. (D) To protect the safety or integrity of users of the site or others or the security of the site, service, or application. (E) For a school, educational, or employment purpose requested by the student or the student's parent, provided that the information is not used or further disclosed for any other purpose. (F) To a third party if the operator contractually prohibits the third party from using any covered information for any purpose other than providing the contracted service to or on behalf of the operator, prohibits the third party from disclosing any covered information provided by the operator with subsequent third parties, and requires the third party to implement and maintain security procedures and practices as required under Section 15. Nothing in this Section prohibits the operator's use of information for maintaining, developing, supporting, improving, or diagnosing the operator's site, service, or application.
Amended by P.A. 101-0516,§ 5, eff. 7/1/2021.Added by P.A. 100-0315,§ 10, eff. 8/24/2017.