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Full Text of HB3449  100th General Assembly

HB3449sam001 100TH GENERAL ASSEMBLY

Sen. Thomas Cullerton

Filed: 5/12/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3449

2    AMENDMENT NO. ______. Amend House Bill 3449 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Geolocation Privacy Protection Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Geolocation information" means information that: (i) is
8not the contents of a communication; (ii) is generated by or
9derived from, in whole or in part, the operation of a mobile
10device, including, but not limited to, a smart phone, tablet,
11or laptop computer; and (iii) is sufficient to determine or
12infer the precise location of that device. "Geolocation
13information" does not include Internet protocol addresses.
14    "Location-based application" means a software application
15that collects, uses, or stores geolocation information.
16    "Private entity" means any individual, partnership,

 

 

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1corporation, limited liability company, association, or other
2group, however organized. "Private entity" does not include any
3governmental agency.
 
4    Section 10. Collection, use, storage, and disclosure of
5geolocation information from location-based applications.
6    (a) A private entity may not collect, use, store, or
7disclose geolocation information from a location-based
8application on a person's device unless the private entity
9first receives the person's affirmative express consent after
10providing clear, prominent, and accurate notice that:
11        (1) informs the person that his or her geolocation
12    information will be collected, used, or disclosed;
13        (2) informs the person in writing of the specific
14    purposes for which his or her geolocation information will
15    be collected, used, or disclosed; and
16        (3) provides the person a hyperlink or comparably
17    easily accessible means to access the information
18    specified in this subsection.
19    (b) A private entity may collect, use, or disclose
20geolocation information from a location-based application on a
21person's device without receiving affirmative express consent
22if the collection or disclosure is:
23        (1) to allow a parent or legal guardian to locate an
24    unemancipated minor child;
25        (2) to allow a court-appointed guardian to locate a

 

 

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1    legally incapacitated person; or
2        (3) for the provision of fire, medical, public safety,
3    or other emergency services.
4    (c) A private entity need not obtain a person's affirmative
5express consent after the person's initial consent as described
6in subsection (a) has been obtained unless the terms previously
7agreed to under items (1), (2), and (3) of subsection (a) are
8materially changed.
9    (d) This Section applies to location-based applications
10created or modified after the effective date of this Act.
 
11    Section 15. Violation. A violation of this Act constitutes
12a violation of the Consumer Fraud and Deceptive Business
13Practices Act. Only a State's Attorney or the Attorney General
14may enforce a violation of this Act as an unlawful practice
15under the Consumer Fraud and Deceptive Business Practices Act.
 
16    Section 20. Waivers; contracts.
17    (a) Any waiver of the provisions of this Act is void and
18unenforceable.
19    (b) Any agreement created or modified after the effective
20date of this Act that does not comply with this Act is void and
21unenforceable.
 
22    Section 25. Applicability. This Act does not apply to: (i)
23a health care provider or other covered entity subject to the

 

 

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1Federal Health Insurance Portability and Accountability Act of
21996 and the rules promulgated thereunder; (ii) a financial
3institution or an affiliate of a financial institution that is
4subject to Title V of the Federal Gramm-Leach-Bliley Act of
51999 and the rules promulgated thereunder; or (iii) Internet,
6wireless, or telecommunications service providers; (iv) a
7person or entity providing cable service or video service
8pursuant to authorization under the Cable and Video Competition
9Law of 2007 (Article XXI of the Public Utilities Act); Section
1011-42-11 of the Illinois Municipal Code; or Section 5-1095 of
11the Counties Code; (v) a person licensed as a private detective
12pursuant to the Private Detective, Private Alarm, Private
13Security, Fingerprint Vendor, and Locksmith Act of 2004; or
14(vi) an individual or firm licensed under the Illinois
15Professional Land Surveyor Act of 1989 or the Professional
16Engineering Practice Act of 1989.
 
17    Section 90. The Consumer Fraud and Deceptive Business
18Practices Act is amended by changing Section 2Z as follows:
 
19    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
20    Sec. 2Z. Violations of other Acts. Any person who knowingly
21violates the Automotive Repair Act, the Automotive Collision
22Repair Act, the Home Repair and Remodeling Act, the Dance
23Studio Act, the Geolocation Privacy Protection Act, the
24Physical Fitness Services Act, the Hearing Instrument Consumer

 

 

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1Protection Act, the Illinois Union Label Act, the Job Referral
2and Job Listing Services Consumer Protection Act, the Travel
3Promotion Consumer Protection Act, the Credit Services
4Organizations Act, the Automatic Telephone Dialers Act, the
5Pay-Per-Call Services Consumer Protection Act, the Telephone
6Solicitations Act, the Illinois Funeral or Burial Funds Act,
7the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
8Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High
9Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage
10Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the
11Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the
12Cigarette Use Tax Act, the Electronic Mail Act, the Internet
13Caller Identification Act, paragraph (6) of subsection (k) of
14Section 6-305 of the Illinois Vehicle Code, Section 11-1431,
1518d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the
16Illinois Vehicle Code, Article 3 of the Residential Real
17Property Disclosure Act, the Automatic Contract Renewal Act,
18the Reverse Mortgage Act, Section 25 of the Youth Mental Health
19Protection Act, or the Personal Information Protection Act
20commits an unlawful practice within the meaning of this Act.
21(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
22eff. 7-28-16.)".