Placed on Calendar Order of 2nd Reading March 16, 2017
Statutes Amended In Order of Appearance
Synopsis As Introduced Creates the Right to Know Act. Provides that an operator of a commercial website or online service that collects personally identifiable information through the internet about individual customers residing in Illinois who use or visit its commercial website or online service shall notify those customers of certain specified information pertaining to its personal information sharing practices. Requires an operator to make available certain specified information upon disclosing a customer's personal information to a third party, and to provide an e-mail address or toll-free telephone number whereby customers may request or obtain that information. Provides for a right of action to customers whose rights are violated under the Act. Provides that any waiver of the provisions of the Act or any agreement that does not comply with the applicable provisions of the Act shall be void and unenforceable. Provides that no provision of the Act shall be construed to conflict with or apply to certain specified provisions of federal law or certain interactions with State or local government. Provides findings and purpose. Defines terms.
Senate Committee Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced with changes. Provides that the parent or legal guardian of a customer under the age of 18 may submit a request for specified information on behalf of that customer. Provides that an operator shall not be required to respond to a request made by the same customer more than once within a given 12-month period. Modifies the term "operator" to mean any person or entity that owns a website located on the Internet or an online service that collects and maintains personal information (rather than personally identifiable information) from a customer residing in Illinois. Modifies a Section concerning a right of action for a violation of the Act to specify that a violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. Provides that any person whose rights under the Act are violated shall also have, in addition to any rights under the Consumer Fraud and Deceptive Business Practices Act, a right of action against an offending party to seek injunctive relief, if appropriate. Removes language concerning liquidated damages and recovery of reasonable attorneys' fees, costs, and expenses. Makes conforming changes.