Illinois Compiled Statutes
820 ILCS 70/5 (2026)
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(820 ILCS 70/5)
Sec. 5. Definitions. As used in this Act: "Credit history" means an individual's past borrowing and repaying behavior, including paying bills on time and managing debt and other financial obligations. "Credit report" means any written or other communication of any information by a consumer reporting agency that bears on a consumer's creditworthiness, credit standing, credit capacity, or credit history. "Employee" means an individual who receives compensation for performing services for an employer under an express or implied contract of hire. "Employer" means an individual or entity that permits one or more individuals to work or that accepts applications for employment or is an agent of an employer. "Employer" does not, however, include: (1) Any bank holding company, financial holding | company, bank, savings bank, savings and loan association, credit union, or trust company, or any subsidiary or affiliate thereof, that is authorized to do business under the laws of this State or of the United States. |
(2) Any company authorized to engage in any kind of | insurance or surety business pursuant to the Illinois Insurance Code, including any employee, agent, or employee of an agent acting on behalf of a company engaged in the insurance or surety business. |
(3) Any State law enforcement or investigative unit, | including, without limitation, any such unit within the Office of any Executive Inspector General, the Illinois State Police, the Department of Corrections, the Department of Juvenile Justice, or the Department of Natural Resources. |
(4) Any State or local government agency which | otherwise requires use of the employee's or applicant's credit history or credit report. |
(5) Any entity that is defined as a debt collector | under federal or State statute. |
"Financial information" means non-public information on the overall financial direction of an organization, including, but not limited to, company taxes or profit and loss reports. "Marketable assets" means company property that is specially safeguarded from the public and to which access is only entrusted to managers and select other employees. For the purposes of this Act, marketable assets do not include the fixtures, furnishings, or equipment of an employer. "Personal or confidential information" means sensitive information that a customer or client of the employing organization gives explicit authorization for the organization to obtain, process, and keep; that the employer entrusts only to managers and a select few employees; or that is stored in secure repositories not accessible by the public or low-level employees. "State or national security information" means information only offered to select employees because it may jeopardize the security of the State or the nation if it were entrusted to the general public.
"Trade secrets" means sensitive information regarding a company's overall strategy or business plans. This does not include general proprietary company information such as handbooks, policies, or low-level strategies.
(Source: P.A. 102-538, eff. 8-20-21.) Notes of Decisions
Cited in 3
cases, 2016–2019 · leading case: Ohle v. Neiman Marcus Grp., 2016 IL App (1st) 141994, 65 N.E.3d 850.
Ohle v. Neiman Marcus Grp., 2016 IL App (1st) 141994, 65 N.E.3d 850. “rd applications and corporate policy requires that all employees, including associates, immediately deliver the applications to the credit office or secure them in a locked POS drawer; (5) associates do not have custody of “Marketable assets,” defined by the Act as “company…”
Ohle v. Neiman Marcus Grp., 2016 IL App (1st) 141994. “rd applications and corporate policy requires that all employees, including associates, immediately deliver the applications to the credit office or secure them in a locked POS drawer; (5) associates do not have custody of “Marketable assets,” defined by the Act as “company…”
Rivera v. Commonwealth Edison Co., 2019 IL App (1st) 182676, 145 N.E.3d 677. “” 820 ILCS 70/5 (West 2016). We agree that information such as Social Security numbers, driver’s license numbers, bank account information, credit card numbers, and other similar information obtained by ComEd’s CSRs meets this aspect of the statutory definition.”
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