§ 16-31 — Transmission of personal identifying information

(a) A person commits transmission of personal identifying information if he or she is not a party to a transaction that involves the use of a financial transaction device and knowingly: (i) secretly or surreptitiously photographs, or otherwise captures or records, electronically or by any other means, personal identifying information from the transaction without the consent of the person whose information is photographed or otherwise captured, recorded, distributed, disseminated, or transmitted, or (ii) distributes, disseminates, or transmits, electronically or by any other means, personal identifying information from the transaction without the consent of the person whose information is photographed, or otherwise captured, recorded, distributed, disseminated, or transmitted. (b) This Section does not: (1) prohibit the capture or transmission of personal identifying information in the ordinary and lawful course of business; (2) apply to a peace officer of this State, or of the federal government, or the officer's agent, while in the lawful performance of the officer's duties; (3) prohibit a person from being charged with, convicted of, or punished for any other violation of law committed by that person while violating or attempting to violate this Section. (c) Sentence. A person who violates this Section is guilty of a Class A misdemeanor.

Legislative History

(Source: P.A. 97-597, eff. 1-1-12.)