Illinois Identity Theft Statute Partially Invalidated–People v. Madrigal

Eric Goldman writes:

People v. Madrigal, 2011 WL 1074427 (Ill. March 24, 2011)

Many state anti-identity theft laws are written very broadly. This loose drafting creates the possibility that they unintentionally restrict innocent–and indeed socially desirable–activity. Today’s case is a good example of sloppy statutory drafting. Fortunately, a vigilant Illinois Supreme Court fixed the legislative error.

The Illinois statute at issue said: “A person commits the offense of identity theft when he or she knowingly…(7) uses any personal identification information or personal identification document of another for the purpose of gaining access to any record of the actions taken, communications made or received, or other activities or transactions of that person, without the prior express permission of that person.”