Data Privacy

Bill: HB 2736

Sponsor: Rep. Buckner

Status: Re-referred to House Rules Committee

Position: Oppose

Description: Right to Know Data Transparency and Privacy Protection Act

House Bill 2736, the Illinois Right to Know Data Transparency and Privacy Protection Act, requires an operator of a commercial website or online service that collects personally identifiable information about customers who reside in Illinois to disclose all categories of personal information collected and the names of the third parties that received the personal information available to a customer within 30 days of a request. Nothing in this Act shall be deemed to apply to the activities of an individual or entity to the extent that those activities are subject to Section 222 or 631 of the federal Communications Act of 1934.

 

Bill: HB 2784

Sponsor: Rep. Williams

Status: Re-referred toHouse Rules Committee

Position: Oppose

Description: Personal Information Protection Act

House Bill 2784 amends the Personal Information Protection Act (PIPA) by adding geolocation information, consumer marketing information and audio recordings to the list of data elements included in the definition of personal information. “Consumer marketing information” is defined as information related to a consumer’s online browsing history, online search history, or purchasing history, including, but not limited to, consumer profiles that are based upon the information. “Geolocation information” is defined as information that is (i) generated or derived from the operation or use of an electronic communications device, (ii) stored and sufficient to identify the street name and the name of the city or town in which the individual is located, and (iii) likely to enable someone to determine an individual’s regular pattern of behavior.

 

Bill: HB 2785

Sponsor: Rep. Ann Williams

Status: Re-referred toHouse Rules Committee

Position: Oppose

Description: Geolocation Privacy Protection Act

House Bill 2785, the Geolocation Privacy Protection Act, would prevent a private entity from collecting, using, storing or disclosing geolocation information from a location-based application unless the entity first receives the person’s affirmative express consent after providing clear, prominent, and accurate notice, informs the person in writing of the specific purposes for which his or her geolocation information will be collected, used or disclosed, and provides the person a hyperlink or comparably easily accessible means to access the information.

 

Bill: HB 2871

Sponsor: Rep. Celina Villanueva

Status: Re-referred toHouse Rules Committee

Position: Neutral

Description: Data Broker Registration

House Bill 2871 requires a data broker to annually register with the Secretary of State. The bill defines “data broker” as a business or unit of a business, separately or together, that knowingly collects and sells or licenses to third parties the brokered personal information of a consumer with whom the business does not have a direct relationship.

 

Bill: HB 3051

Sponsor: Rep. Carol Ammons

Status: Re-referred toHouse Rules Committee

Position: Oppose

Description: App Privacy Protection Act

House Bill 3051 creates the App Privacy Protection Act. It requires any entity that owns, controls, or operates a web site, online service, or software application to identify in its customer agreements or applicable terms whether third parties collect electronic information directly from the digital devices of individuals in Illinois who use or visit its web site, online service, or software application. The bill requires the disclosure of the names of those third parties and the categories of information collected. A violation of the App Privacy Protection Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act.

 

Bill: HB 3200

Sponsor: Rep. Diane Pappas

Status: Re-referred toHouse Rules Committee

Position: Oppose

Description: Data Breach – Report to Attorney General

House Bill 3200 requires any data collector that owns or licenses personal information concerning an Illinois resident to notify the Attorney General and the resident of any security breach of the system data no later than 5 days after the breach. Current Illinois law only requires notification in the most

expedient time possible and without unreasonable delay and does not require reporting to the Attorney General.

 

Bill: HB 3357

Sponsor: Rep. Art Turner

Status: Re-referred toHouse Rules Committee

Position: Under Review

Description: Data Transparency & Privacy Act

House Amendment 1 to House Bill 3357 creates the Data Transparency and Privacy Act.

 

Bill:HB 3358

Sponsor: Rep. Art Turner/Sen. Tom Cullerton

Status: Senate, Third Reading (Passed House 72-37-1)

Position: Neutral

Description: Data Transparency & Privacy Act

House Bill 3358 creates the Data Transparency and Privacy Act. House Bill 3358 was amended to combine several data privacy initiatives. It applies to any private entity

  • with gross annual earnings in excess of $25 million;
  • that annually buys, sells, receives or shares for commercial purposes the personal information of 50,000 or more consumers; or
  • derives 50% or more of its annual revenue from selling consumers' personal information.

The legislation establishes specific requirements for operators under the categories of:

  • Right to Transparency
  • Right to Know
  • Right to Opt-Out

Telecommunications carriers, wireless carriers, internet service providers and any affiliate companies are exempted from the provisions of the act.

 

Bill: HB 3391

Sponsor: Rep. Diane Pappas

Status: Re-referred toHouse Rules Committee

Position: Neutral

Description: Security of Connected Devices Act

House Bill 3391 creates the Security of Connected Devices Act. The legislation would require manufacturers of connected devices to equip the device with security features that are designed to protect the device and any information the device contains from unauthorized access, destruction, use, modification, or disclosure.

 

Bill: SB 1624

Sponsor: Sen. Glowiak/Rep. Jaime Andrade

Status: Passed Both Houses

Position: Neutral

Description: Data Breach – Report to Attorney General

Senate Bill 1624 amends the state's data breach notification law to require notification of a data breach of 500 or more residents to the AG upon notifying the affected consumer.  The ITA opposed the legislation as introduced. The bill was amended to increase the threshold for reporting from 100 or more residents to 500 or more residents and the requirement to notify the Attorney General within 14 days was changed to report in the most expedient time possible and without delay.

 

Bill: SB 1719

Sponsor: Sen. Cristina Castro/Rep. Justin Slaughter

Status: House, Second Reading (Passed Senate 39-14)

Position: Oppose

Description: Keep Internet Devices Safe Act

Senate Bill 1719 creates the Keep Internet Devices Safe Act. The legislation prohibits any private entity from turning on or enabling a digital device’s microphone to listen for or collect information unless a user first agrees to the following information in a consumer agreement or privacy notice:

  • that the microphone will be turned on or enabled
  • what command or action will turn on or enable the microphone
  • the categories of sounds the microphone will be listening for, recording, or disclosing
  • the categories of third parties to which the sounds may be disclosed

The legislation defines a microphone as any instrument capable of detecting sound waves. The Attorney General will have exclusive authority to enforce the act.

Bill: SB 2134

Sponsor: Sen. Barickman

Status: Re-referred to Senate Assignments Committee

Position: Neutral

Description: Biometric Information Privacy

Senate Bill 2134 amends the Biometric Information Privacy Act by removing a private right of action. The bill instead provides that any violation that results from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes is subject to the enforcement authority of the Department of Labor. Also, violations are considered a violation of the Consumer Fraud and Deceptive Business Practices Act and may be enforced by the Attorney General.

 

Bill: SB 2149

Sponsor: Sen. Hastings

Status: Re-referred to Senate Assignments Committee

Position: Oppose

Description: Right to Know Data Transparency and Privacy Protection Act

Senate Bill 2149, the Illinois Right to Know Data Transparency and Privacy Protection Act, requires an operator of a commercial website or online service that collects personally identifiable information about customers who reside in Illinois to disclose all categories of personal information collected and the names of the third parties that received the personal information available to a customer within 30 days of a request. Internet, wireless and telecommunications service providers are exempted from the provisions of the legislation.