Illinois General Assembly - Full Text of SB1719
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Full Text of SB1719  101st General Assembly

SB1719 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1719

 

Introduced 2/15/2019, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
New Act
815 ILCS 505/2Z  from Ch. 121 1/2, par. 262Z

    Creates the Keep Internet Devices Safe Act. Includes a statement of legislative intent and defines terms. Provides that no private entity may turn on or enable, cause to be turned on or enabled, or otherwise use a digital device's microphone to listen for or collect information, including spoken words or other audible or inaudible sounds, unless a user first agrees to a written policy meeting specified criteria. Provides that a private entity that collects, stores, or transmits any information collected through a digital device's microphone concerning an Illinois resident shall implement and maintain reasonable security measures to protect such information from unauthorized access, acquisition, destruction, use, modification, and disclosure. Adds provisions governing waiver, applicability, and exceptions. Provides that a violation of the Keep Internet Devices Safe Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act and makes a corresponding change in that Act.


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A BILL FOR

 

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1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Keep
5Internet Devices Safe Act.
 
6    Section 5. Legislative findings; intent. The General
7Assembly finds the following:
8    (a) An increasing number of everyday household devices,
9such as smart phones, televisions, cars, toys, and home
10appliances, are being enhanced by speech recognition and other
11technologies that use microphones to listen for environmental
12triggers. As a result, private companies are gaining
13unprecedented and near constant access to Illinois citizens and
14their families' private lives, including what they do in their
15homes and their daily habits.
16    (b) While there are tremendous benefits from these
17technologies, the collection of personal information from
18Internet connected devices pose serious privacy and physical
19safety risks to Illinois citizens and children. Children's toys
20now have microphones that can record and collect personal
21information from conversations within earshot of the device.
22    (c) The increasing prevalence of these technologies in
23everyday devices enables companies to collect, store, analyze,

 

 

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1and share increasing amounts of personal data, often without
2Illinois families ever knowing. Illinois citizens have a right
3to their personal data and the public welfare, security, and
4safety will be served by requiring companies to be transparent
5about their data collection and sharing practices.
6    (d) It is the public policy of the State of Illinois to
7ensure that Illinois citizens be aware of and have control over
8whether a private entity records, collects, stores, or
9discloses their personal information and to ensure that their
10personal information is maintained in a secure manner.
 
11    Section 10. Definitions. In this Act:
12    "Digital device" means a smart phone, tablet, television,
13computer, car, toy, home appliance, or any other device that
14may be used for personal, family, or household purposes that
15contains a microphone.
16    "Microphone" means an instrument capable of listening for,
17collecting, recording, storing, analyzing, transmitting,
18interpreting, or otherwise using spoken words or other audible
19or inaudible sounds.
20    "Private entity" means any partnership, corporation,
21limited liability company, association, organization or other
22group, regardless of organizational structure, or any agent
23thereof. "Private entity" does not include a state or local
24government agency.
25    "User" means a person who purchases, leases, or otherwise

 

 

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1uses a digital device.
 
2    Section 15. Collection, use, storage, or disclosure of
3information from a digital device's microphone. No private
4entity may turn on or enable, cause to be turned on or enabled,
5or otherwise use a digital device's microphone to listen for or
6collect information, including spoken words or other audible or
7inaudible sounds, unless a user first agrees to a written
8policy informing the user:
9        (1) that the microphone in his or her digital device
10    will be turned on, enabled, or used;
11        (2) how often the microphone will be turned on,
12    enabled, or used;
13        (3) of the categories of information, such as spoken
14    words or audible or inaudible sounds, the microphone will
15    be listening for, collecting, storing, and disclosing; and
16        (4) of the purpose for which the information will be
17    collected, used, stored, and disclosed.
 
18    Section 20. Security measures.
19    (a) A private entity that collects, stores, or transmits
20any information collected through a digital device's
21microphone concerning an Illinois resident shall implement and
22maintain reasonable security measures to protect such
23information from unauthorized access, acquisition,
24destruction, use, modification, and disclosure.

 

 

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1    (b) A contract for the disclosure of information collected
2through a digital device's microphone concerning an Illinois
3resident that is maintained by a private entity subject to this
4Act must include a provision requiring the person or private
5entity to whom the information is disclosed to implement and
6maintain reasonable security measures to protect such
7information from unauthorized access, acquisition,
8destruction, use, modification, or disclosure.
 
9    Section 25. Unlawful practice. A violation of this Act
10constitutes an unlawful practice under the Consumer Fraud and
11Deceptive Business Practices Act.
 
12    Section 30. General provisions.
13    (a) Any waiver of the provisions of this Act is void and
14unenforceable.
15    (b) Any agreement created or modified after the effective
16date of this Act that does not comply with this Act is void and
17unenforceable.
 
18    Section 35. The Consumer Fraud and Deceptive Business
19Practices Act is amended by changing Section 2Z as follows:
 
20    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
21    Sec. 2Z. Violations of other Acts. Any person who knowingly
22violates the Automotive Repair Act, the Automotive Collision

 

 

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1Repair Act, the Home Repair and Remodeling Act, the Dance
2Studio Act, the Physical Fitness Services Act, the Hearing
3Instrument Consumer Protection Act, the Illinois Union Label
4Act, the Installment Sales Contract Act, the Job Referral and
5Job Listing Services Consumer Protection Act, the Travel
6Promotion Consumer Protection Act, the Credit Services
7Organizations Act, the Automatic Telephone Dialers Act, the
8Pay-Per-Call Services Consumer Protection Act, the Telephone
9Solicitations Act, the Illinois Funeral or Burial Funds Act,
10the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
11Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the
12High Risk Home Loan Act, the Payday Loan Reform Act, the
13Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
143-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
153-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
16Internet Caller Identification Act, paragraph (6) of
17subsection (k) of Section 6-305 of the Illinois Vehicle Code,
18Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
19or 18d-153 of the Illinois Vehicle Code, Article 3 of the
20Residential Real Property Disclosure Act, the Automatic
21Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
22the Youth Mental Health Protection Act, the Personal
23Information Protection Act, or the Student Online Personal
24Protection Act, or the Keep Internet Devices Safe Act commits
25an unlawful practice within the meaning of this Act.
26(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,

 

 

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1eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
2100-863, eff. 8-14-18.)