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Can I ignore my obligations as a service provider with access to personal information in Illinois? What are the requirements?
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As a service provider with access to personal information in Illinois, you cannot ignore your obligations. According to 815 ILCS 530/45, you must implement and maintain reasonable security measures to protect personal information from unauthorized access, acquisition, destruction, use, modification, or disclosure. Additionally, if you disclose personal information concerning an Illinois resident, you must include a provision in the contract requiring the person to whom the information is disclosed to implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification, or disclosure [2.1].
Furthermore, you must comply with the notice and opt-out requirements for disclosure of nonpublic personal financial information, except for certain exceptions such as service providers and joint marketing [1.1][1.2]. You must also provide clients with access to records containing personal information and disclose personal information without consent in certain circumstances [3.1][3.2].
If you dispose of materials containing personal information, you must do so in a manner that renders the personal information unreadable, unusable, and undecipherable. You may contract with a third party to dispose of such materials, but the third party must implement and monitor compliance with policies and procedures that prohibit unauthorized access to or acquisition of or use of personal information during the collection, transportation, and disposal of materials containing personal information [2.2].
If you experience a breach of security of the system data, you must notify the resident at no charge that there has been a breach of the security of the system data following discovery or notification of the breach. The disclosure notification shall be made in the most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the data system [2.3].
Therefore, you must comply with the requirements outlined in the relevant documents to avoid any legal consequences.
Source(s):
- [1.1] Exception to Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information for Service Providers and Joint Marketing
- [2.1] 815 ILCS 530/45
- [3.1] Client Access to Records Which Contain Personal Information
- [3.2] Disclosure of Personal Information Without Consent
- [1.2] Other Exceptions to Notice and Opt Out Requirements for Disclosure of Nonpublic Personal Financial Information
- [2.2] 815 ILCS 530/40
- [2.3] 815 ILCS 530/10
Jurisdiction
Illinois