Rep. Kelly M. Cassidy

Filed: 11/23/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2901

2    AMENDMENT NO. ______. Amend Senate Bill 2901, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Short title. This Act may be cited as the
6Geolocation Information Protection Act.
 
7    Section 3. Purpose. The purpose of this Act is to preserve
8the personal privacy of Illinois citizens when it comes to
9their highly sensitive geolocation information and to allow
10Illinois citizens to maintain control over the collection and
11disclosure of that information by private entities. This Act is
12also intended to provide real property owners, managers, and
13custodians with an easily accessible procedure for removal of
14ecologically sensitive sites or locations, historically
15significant sites or locations, sites or locations on private
16property, or sites or locations otherwise deemed as dangerous

 

 

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1by the real property owner, manager, or custodian from
2location-based video games.
 
3    Section 5. Definitions. As used in this Act:
4    "Developer" means a private entity that has made or
5developed and owns the rights to a location-based video game,
6including any private entity that acquires the controlling
7intellectual property rights to the location-based video game
8from another private entity.
9    "Ecologically sensitive site or location" means an area
10designated by federal, State, or local government for
11protection from development or damage due to the presence of
12endangered species or threatened species as defined in Section
132 of the Illinois Endangered Species Protection Act.
14    "Geolocation information" means information concerning the
15location of a device that is generated by or derived from, in
16whole or in part, the operation of that device and that could
17be used to determine or infer information regarding the
18location of a person.
19    "Historically significant site or location" means a site or
20location that has been designated by federal, State, or local
21government for preservation as a landmark, or any other site or
22location that the federal, State, or local government may
23designate as historically significant.
24    "Location-based application" means a software application
25that collects, uses, or stores geolocation information.

 

 

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1"Location-based application" includes a location-based video
2game that collects, uses, or stores geolocation information.
3    "Location-based video game" means a game primarily played
4on a mobile device, including, but not limited to, smartphones
5and tablets, that encourages users to travel to specific real
6property sites, locations, or coordinates for the purpose of
7achieving specific goals within the game.
8    "Private entity" means an individual, partnership,
9corporation, limited liability company, association, or other
10group, however organized. "Private entity" does not include a
11State or local government agency.
 
12    Section 10. Site or location removal.
13    (a) Within 4 business days after receiving a request from
14the real property owner, manager, or custodian, the developer
15of a location-based video game shall remove from its
16location-based video game an ecologically sensitive site or
17location, historically significant site or location, site or
18location on private property, or site or location otherwise
19deemed as dangerous by the real property owner, manager, or
20custodian.
21    (b) In requesting that a site or location be removed from
22the location-based video game, the requesting property owner,
23manager, or custodian shall submit a request to the developer
24of a location-based video game that specifies in sufficient
25detail the site or location to be removed from the video game

 

 

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1and the reason for the requested removal.
 
2    Section 15. Removal procedure. The developer of a
3location-based video game shall provide an easily accessible
4procedure for removal of ecologically sensitive sites or
5locations, historically significant sites or locations, sites
6or locations on private property, or sites or locations
7otherwise deemed as dangerous by the real property owner,
8manager, or custodian from its location-based video game.
 
9    Section 20. Collection, use, and disclosure of geolocation
10information from location-based applications.
11    (a) A private entity may not collect, use, or disclose
12geolocation information from a location-based application on a
13person's device unless the private entity first:
14        (1) informs the person in writing that his or her
15    geolocation information will be collected, used, and
16    disclosed;
17        (2) informs the person in writing of the specific
18    purpose for which his or her geolocation information will
19    be collected, used, and disclosed; and
20        (3) receives the person's informed, written consent
21    (including through an electronic means using the Internet)
22    in a form distinct and separate from any form setting forth
23    other legal or financial obligations of the person before
24    collecting, using, or disclosing his or her geolocation

 

 

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1    information.
2    (b) This Section applies to location-based applications
3created or modified after the effective date of this Act.
 
4    Section 25. Right of action. Any person whose rights under
5this Act are violated has a right of action against an
6offending party and may recover:
7        (1) liquidated damages of $1,000 or actual damages,
8    whichever is greater;
9        (2) reasonable attorney's fees and costs; and
10        (3) other relief, including an injunction, as the court
11    may deem appropriate.
 
12    Section 30. Enforcement by the Attorney General. All
13remedies, penalties, and authority granted to the Attorney
14General by the Consumer Fraud and Deceptive Business Practices
15Act shall be available to the Attorney General for the
16enforcement of this Act. In addition, in any action brought by
17the Attorney General to enforce this Act, the court may order
18that persons who incurred actual damages be awarded 3 times the
19amount at which actual damages are assessed.
 
20    Section 35. Waivers; contracts.
21    (a) A waiver of the provisions of this Act is void and
22unenforceable.
23    (b) A contract relating to the use of a location-based

 

 

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1application that does not comply with the applicable provisions
2of this Act is void and unenforceable.
 
3    Section 90. The Consumer Fraud and Deceptive Business
4Practices Act is amended by changing Section 2Z as follows:
 
5    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
6    Sec. 2Z. Violations of other Acts. Any person who knowingly
7violates the Automotive Repair Act, the Automotive Collision
8Repair Act, the Home Repair and Remodeling Act, the Dance
9Studio Act, the Physical Fitness Services Act, the Hearing
10Instrument Consumer Protection Act, the Illinois Union Label
11Act, the Job Referral and Job Listing Services Consumer
12Protection Act, the Travel Promotion Consumer Protection Act,
13the Credit Services Organizations Act, the Automatic Telephone
14Dialers Act, the Pay-Per-Call Services Consumer Protection
15Act, the Telephone Solicitations Act, the Illinois Funeral or
16Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care
17Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales
18Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
19the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
203-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
213-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
22Internet Caller Identification Act, paragraph (6) of
23subsection (k) of Section 6-305 of the Illinois Vehicle Code,
24Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,

 

 

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1or 18d-153 of the Illinois Vehicle Code, Article 3 of the
2Residential Real Property Disclosure Act, the Automatic
3Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
4the Youth Mental Health Protection Act, the Geolocation
5Information Protection Act, or the Personal Information
6Protection Act commits an unlawful practice within the meaning
7of this Act.
8(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
9eff. 7-28-16.)".