Illinois General Assembly

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 Bill Status of HB3025  97th General Assembly


Short Description:  PERSONAL INFO PROTECT-ATTY GEN

House Sponsors
Rep. Kelly Burke - Al Riley - Michael G. Connelly - Jack D. Franks - Keith Farnham, Derrick Smith and Carol A. Sente

Senate Sponsors
(Sen. Edward D. Maloney  and Ira I. Silverstein)

Last Action
DateChamber Action
  8/22/2011HousePublic Act . . . . . . . . . 97-0483

Statutes Amended In Order of Appearance
815 ILCS 530/5
815 ILCS 530/10
815 ILCS 530/12
815 ILCS 530/35 new
815 ILCS 530/40 new


Synopsis As Introduced
Amends the Personal Information Protection Act. Provides that "breach of the security of the system data" includes the unauthorized use (instead of only the unauthorized acquisition) of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a data collector. Provides that a data collector that owns or licenses personal information shall notify the Attorney General of a breach. Provides that a data collector that maintains or stores (instead of only maintains) computerized or other data (instead of only computerized data) that includes personal information must cooperate with the owner or licensee of the information in relation to a breach. Requires that notification of a breach sent to an Illinois resident by a data collector that owns or licenses personal information or by a State agency must contain certain information, including information concerning placing a security freeze on the release of information from the resident's credit report. Sets forth the Attorney General's duties upon receiving notice of a security breach, as well as additional duties of data collectors and State agencies. Sets forth standards for disposal of materials containing personal information, and provides penalties for a violation.

House Committee Amendment No. 1
Deletes reference to:
815 ILCS 530/35 new

Replaces everything after the enacting clause. Amends the Personal Information Protection Act. Provides that "breach of the security of the system data" includes the unauthorized use (instead of only the unauthorized acquisition) of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a data collector. Provides that a data collector that owns or licenses personal information shall notify the Attorney General of a breach. Provides that a data collector that maintains or stores (instead of only maintains) computerized or other data (instead of only computerized data) that includes personal information must cooperate with the owner or licensee of the information in relation to a breach. Requires that notification of a breach sent to an Illinois resident by a data collector that owns or licenses personal information or by a State agency must contain certain information, including information concerning placing a security freeze on the release of information from the resident's credit report. Sets forth standards for disposal of materials containing personal information, and provides penalties for a violation.

House Floor Amendment No. 2
Replaces everything after the enacting clause. Amends the Personal Information Protection Act. Provides the same substance as House Amendment 1 except to (i) remove unauthorized use of computerized data from the definition of "breach of the security of the system data", (ii) remove the provision that a data collector that owns or licenses personal information shall notify the Attorney General of a security breach, (iii) require that more general information shall be provided in the disclosure notification to an Illinois resident after a breach, (iv) provide for a delay of notification, by a State agency, to prevent interference with a criminal investigation, (v) state that a third party contracting with a person to dispose of materials containing personal information may be subject to a civil penalty, and (vi) specify that a person disposing of materials containing personal information must do so in a manner that renders the information unreadable, unusable, and undecipherable and no longer strictly limits the avenues for disposal.

Senate Floor Amendment No. 1
Provides that a financial institution under 15 U.S.C. 6801 et. seq. or any person subject to 15 U.S.C. 1681w is exempt from a new Section specifying requirements for the disposal of materials containing personal information.

Actions 
DateChamber Action
  2/23/2011HouseFiled with the Clerk by Rep. Kelly Burke
  2/23/2011HouseFirst Reading
  2/23/2011HouseReferred to Rules Committee
  2/28/2011HouseAssigned to Judiciary I - Civil Law Committee
  3/8/2011HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Daniel J. Burke
  3/8/2011HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/8/2011HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary I - Civil Law Committee
  3/9/2011HouseHouse Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
  3/9/2011HouseDo Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 011-000-000
  3/9/2011HousePlaced on Calendar 2nd Reading - Short Debate
  4/8/2011HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kelly Burke
  4/8/2011HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/11/2011HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
  4/11/2011HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 009-000-000
  4/13/2011HouseSecond Reading - Short Debate
  4/13/2011HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  4/13/2011HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/14/2011HouseThird Reading - Short Debate - Passed 114-000-002
  4/14/2011HouseAdded Co-Sponsor Rep. Derrick Smith
  4/14/2011HouseAdded Chief Co-Sponsor Rep. Al Riley
  4/14/2011HouseAdded Chief Co-Sponsor Rep. Michael G. Connelly
  4/14/2011HouseAdded Chief Co-Sponsor Rep. Jack D. Franks
  4/14/2011HouseAdded Chief Co-Sponsor Rep. Keith Farnham
  4/14/2011HouseAdded Co-Sponsor Rep. Carol A. Sente
  4/14/2011SenateArrive in Senate
  4/14/2011SenatePlaced on Calendar Order of First Reading April 15, 2011
  4/15/2011SenateChief Senate Sponsor Sen. Edward D. Maloney
  4/22/2011SenateFirst Reading
  4/22/2011SenateReferred to Assignments
  4/27/2011SenateAssigned to Judiciary
  5/5/2011SenatePostponed - Judiciary
  5/10/2011SenateDo Pass Judiciary; 010-000-000
  5/10/2011SenatePlaced on Calendar Order of 2nd Reading May 11, 2011
  5/16/2011SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Edward D. Maloney
  5/16/2011SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/17/2011SenateSenate Floor Amendment No. 1 Assignments Refers to Judiciary
  5/18/2011SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  5/19/2011SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 007-000-000
  5/19/2011SenateSecond Reading
  5/19/2011SenateSenate Floor Amendment No. 1 Adopted; Maloney
  5/19/2011SenatePlaced on Calendar Order of 3rd Reading May 20, 2011
  5/20/2011SenateThird Reading - Passed; 047-000-000
  5/20/2011HouseArrived in House
  5/20/2011HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/20/2011HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Kelly Burke
  5/20/2011HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/27/2011HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Rules Committee; 003-001-000
  5/28/2011HouseSenate Floor Amendment No. 1 House Concurs 103-000-003
  5/28/2011HousePassed Both Houses
  6/24/2011HouseSent to the Governor
  8/22/2011HouseGovernor Approved
  8/22/2011HouseEffective Date January 1, 2012
  8/22/2011HousePublic Act . . . . . . . . . 97-0483

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