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Full Text of HB3449  100th General Assembly

HB3449sam004 100TH GENERAL ASSEMBLY

Sen. Thomas Cullerton

Filed: 5/23/2017

 

 


 

 


 
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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 is downloaded or installed onto a mobile device and
16collects, uses, or stores geolocation information.

 

 

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

 

 

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1        (2) to allow a court-appointed guardian to locate a
2    legally incapacitated person;
3        (3) for the provision of fire, medical, public safety,
4    or other emergency services; or
5        (4) for the limited purpose of providing storage,
6    security, or authentication services.
7    (c) A private entity need not obtain a person's affirmative
8express consent after the person's initial consent as described
9in subsection (a) has been obtained unless the terms previously
10agreed to under items (1), (2), and (3) of subsection (a) are
11materially changed.
12    (d) This Section applies to location-based applications
13created or modified after the effective date of this Act.
 
14    Section 15. Violation.
15    (a) A violation of this Act constitutes a violation of the
16Consumer Fraud and Deceptive Business Practices Act. Only a
17State's Attorney or the Attorney General may enforce a
18violation of this Act as an unlawful practice under the
19Consumer Fraud and Deceptive Business Practices Act, including
20when an agreement is void and unenforceable pursuant to Section
2120 of this Act.
22    (b) A private entity, other than an individual, that is in
23violation of this Act shall have 15 days after being notified
24of a violation to rectify that violation before the Attorney
25General or appropriate State's Attorney's Office may seek an

 

 

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1enforcement action against that private entity.
 
2    Section 20. Waivers; contracts.
3    (a) Any waiver of the provisions of this Act is void and
4unenforceable.
5    (b) Any agreement created or modified after the effective
6date of this Act that does not comply with this Act is void and
7unenforceable. Only a State's Attorney or the Attorney General
8may enforce provisions of contracts as void under this Act.
 
9    Section 25. Applicability. This Act does not apply to: (i)
10a health care provider or other covered entity subject to the
11Federal Health Insurance Portability and Accountability Act of
121996 and the rules promulgated thereunder; (ii) a financial
13institution or an affiliate of a financial institution that is
14subject to Title V of the Federal Gramm-Leach-Bliley Act of
151999 and the rules promulgated thereunder; (iii) Internet,
16wireless, or telecommunications service providers; (iv) video
17service providers under Article XXI of the Public Utilities
18Act; (v) a person licensed as a private detective pursuant to
19the Private Detective, Private Alarm, Private Security,
20Fingerprint Vendor, and Locksmith Act of 2004; (vi) an
21individual or firm licensed under the Illinois Professional
22Land Surveyor Act of 1989 or the Professional Engineering
23Practice Act of 1989; (vii) a public utility, as defined in
24Section 3-105 of the Public Utilities Act, an alternative

 

 

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1retail electric supplier, as defined in Section 16-102 of the
2Public Utilities Act, an alternative gas supplier, as defined
3in Section 19-105 of the Public Utilities Act, or the employees
4or agents of those entities; or (viii) any candidate,
5volunteer, employee, agent, or vendor of a candidate political
6committee, political party committee, political action
7committee, ballot initiative committee, or independent
8expenditure committee, as defined in Section 9-1.8 of the
9Election Code.
 
10    Section 90. The Consumer Fraud and Deceptive Business
11Practices Act is amended by changing Section 2Z as follows:
 
12    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
13    Sec. 2Z. Violations of other Acts. Any person who knowingly
14violates the Automotive Repair Act, the Automotive Collision
15Repair Act, the Home Repair and Remodeling Act, the Dance
16Studio Act, the Geolocation Privacy Protection Act, the
17Physical Fitness Services Act, the Hearing Instrument Consumer
18Protection Act, the Illinois Union Label Act, the Job Referral
19and Job Listing Services Consumer Protection Act, the Travel
20Promotion Consumer Protection Act, the Credit Services
21Organizations Act, the Automatic Telephone Dialers Act, the
22Pay-Per-Call Services Consumer Protection Act, the Telephone
23Solicitations Act, the Illinois Funeral or Burial Funds Act,
24the Cemetery Oversight Act, the Cemetery Care Act, the Safe and

 

 

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1Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High
2Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage
3Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the
4Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the
5Cigarette Use Tax Act, the Electronic Mail Act, the Internet
6Caller Identification Act, paragraph (6) of subsection (k) of
7Section 6-305 of the Illinois Vehicle Code, Section 11-1431,
818d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the
9Illinois Vehicle Code, Article 3 of the Residential Real
10Property Disclosure Act, the Automatic Contract Renewal Act,
11the Reverse Mortgage Act, Section 25 of the Youth Mental Health
12Protection Act, or the Personal Information Protection Act
13commits an unlawful practice within the meaning of this Act.
14(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
15eff. 7-28-16.)".