305 ILCS 5/11-6.2
2021 Illinois Compiled Statutes|Chapter 305 - PUBLIC AID|305 ILCS 5/ - Illinois Public Aid Code.|Article XI - General Provisions Pertaining To Rights And Responsibilities Of Applicants And Recipients

Sec. 11-6.2.     Electronic fingerprinting.(a) The Illinois Department may implement a program to  prevent multiple enrollments of aid  recipients through the use of an electronic automated 2-digit fingerprint  matching  identification system in local offices.The Illinois Department shall apply for any federal waivers or approvals  necessary to conduct this program.(b) The fingerprints or their electronic representations collected and  maintained through the use of an automated  fingerprint matching identification system as authorized by this Section may  not be used, disclosed, or redisclosed for any purpose other than the  prevention of multiple enrollments of aid recipients, may not be used or  admitted in any criminal or civil investigation, prosecution, or proceeding,  other than a proceeding pursuant to Article VIII-A, and may not be disclosed in  response to a subpoena or other compulsory legal process or warrant or upon the  request or order of any agency, authority, division, office, or other private  or public entity or person, except that nothing contained in this subsection  prohibits disclosure in response to a subpoena issued by or on behalf of the  applicant or recipient who is the subject of  the record maintained as a part of the system.  A person who knowingly makes  or obtains any unauthorized disclosure of data collected and maintained under  this Section through the use of an automated fingerprint matching  identification system is guilty of a Class A misdemeanor.  Data collected and maintained on the automated fingerprint matching  identification system shall be subject to the provisions of this Code relating  to unauthorized disclosure of confidential client information.(c)    The system shall include the use of a photographic identification for every aid  recipient.  The Illinois Department shall  insure that adequate training for county department  staff involved with the program will be provided.(d) The assistance programs affected by the electronic fingerprinting  program shall be determined by rule. By applying or  maintaining  eligibility for those assistance programs,  applicants  and recipients must submit  to the electronic collection of their fingerprints as an additional method of  establishing eligibility.  Applicants for and recipients of aid who fail to  submit to electronic fingerprinting shall be declared ineligible for those  assistance programs.(e) This Section does not authorize or permit the termination, suspension,  or  diminution of aid except as elsewhere specifically authorized in this Code.  If a proposed sanction is based on the use of an automated fingerprint matching  identification  system authorized pursuant to this Section, the sanction may not be imposed  unless the Illinois Department has verified the multiple  enrollment through an independent investigation.(f) The Illinois Department shall conduct periodic audits to monitor  compliance with all laws and regulations regarding the automated fingerprint  matching identification system to insure that:  (i) any records maintained   as part of the system are accurate and complete; (ii) effective software and  hardware designs  have been instituted with security features to prevent unauthorized access to   records; (iii) access to record information system facilities, systems  operating  environments, and data file contents, whether while in use or when stored in  a media library, is restricted to authorized personnel; (iv) operational  programs are used that will prohibit inquiry, record updates, or destruction of  records from any terminal  other than automated fingerprint matching identification system terminals that  are so designated; (v) operational programs are used to detect and store for  the output of designated Illinois Department and county department employees  all  unauthorized attempts to penetrate any electronic automated fingerprint  matching  identification system, program, or file; and (vi) adequate and timely  procedures exist  to insure  the recipient's or applicant's right to access and review of records for the  purpose of accuracy and completeness, including procedures for review of  information maintained about those individuals and for administrative review  (including procedures for administrative appeal) and necessary correction of  any claim by the individual to whom the information relates that the  information is inaccurate or incomplete.    (Source: P.A. 90-17, eff. 6-19-97; 91-599, eff. 8-14-99.)