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Public Act 100-0412


 

Public Act 0412 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0412
 
SB0707 EnrolledLRB100 08839 JLS 18980 b

    AN ACT concerning cybersecurity.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Personal Information Protection Act is
amended by changing Section 12 as follows:
 
    (815 ILCS 530/12)
    Sec. 12. Notice of breach; State agency.
    (a) Any State agency that collects personal information
concerning an Illinois resident shall notify the resident at no
charge that there has been a breach of the security of the
system data or written material following discovery or
notification of the breach. The disclosure notification shall
be made in the most expedient time possible and without
unreasonable delay, consistent with any measures necessary to
determine the scope of the breach and restore the reasonable
integrity, security, and confidentiality of the data system.
The disclosure notification to an Illinois resident shall
include, but need not be limited to information as follows:
        (1) With respect to personal information defined in
    Section 5 in paragraph (1) of the definition of "personal
    information":
            (i) the toll-free numbers and addresses for
        consumer reporting agencies;
            (ii) the toll-free number, address, and website
        address for the Federal Trade Commission; and
            (iii) a statement that the individual can obtain
        information from these sources about fraud alerts and
        security freezes.
        (2) With respect to personal information as defined in
    Section 5 in paragraph (2) of the definition of "personal
    information", notice may be provided in electronic or other
    form directing the Illinois resident whose personal
    information has been breached to promptly change his or her
    user name or password and security question or answer, as
    applicable, or to take other steps appropriate to protect
    all online accounts for which the resident uses the same
    user name or email address and password or security
    question and answer.
    The notification shall not, however, include information
concerning the number of Illinois residents affected by the
breach.
    (a-5) The notification to an Illinois resident required by
subsection (a) of this Section may be delayed if an appropriate
law enforcement agency determines that notification will
interfere with a criminal investigation and provides the State
agency with a written request for the delay. However, the State
agency must notify the Illinois resident as soon as
notification will no longer interfere with the investigation.
    (b) For purposes of this Section, notice to residents may
be provided by one of the following methods:
        (1) written notice;
        (2) electronic notice, if the notice provided is
    consistent with the provisions regarding electronic
    records and signatures for notices legally required to be
    in writing as set forth in Section 7001 of Title 15 of the
    United States Code; or
        (3) substitute notice, if the State agency
    demonstrates that the cost of providing notice would exceed
    $250,000 or that the affected class of subject persons to
    be notified exceeds 500,000, or the State agency does not
    have sufficient contact information. Substitute notice
    shall consist of all of the following: (i) email notice if
    the State agency has an email address for the subject
    persons; (ii) conspicuous posting of the notice on the
    State agency's web site page if the State agency maintains
    one; and (iii) notification to major statewide media.
    (c) Notwithstanding subsection (b), a State agency that
maintains its own notification procedures as part of an
information security policy for the treatment of personal
information and is otherwise consistent with the timing
requirements of this Act shall be deemed in compliance with the
notification requirements of this Section if the State agency
notifies subject persons in accordance with its policies in the
event of a breach of the security of the system data or written
material.
    (d) If a State agency is required to notify more than 1,000
persons of a breach of security pursuant to this Section, the
State agency shall also notify, without unreasonable delay, all
consumer reporting agencies that compile and maintain files on
consumers on a nationwide basis, as defined by 15 U.S.C.
Section 1681a(p), of the timing, distribution, and content of
the notices. Nothing in this subsection (d) shall be construed
to require the State agency to provide to the consumer
reporting agency the names or other personal identifying
information of breach notice recipients.
    (e) Notice to Attorney General. Any State agency that
suffers a single breach of the security of the data concerning
the personal information of more than 250 Illinois residents
shall provide notice to the Attorney General of the breach,
including:
        (A) The types of personal information compromised in
    the breach.
        (B) The number of Illinois residents affected by such
    incident at the time of notification.
        (C) Any steps the State agency has taken or plans to
    take relating to notification of the breach to consumers.
        (D) The date and timeframe of the breach, if known at
    the time notification is provided.
    Such notification must be made within 45 days of the State
agency's discovery of the security breach or when the State
agency provides any notice to consumers required by this
Section, whichever is sooner, unless the State agency has good
cause for reasonable delay to determine the scope of the breach
and restore the integrity, security, and confidentiality of the
data system, or when law enforcement requests in writing to
withhold disclosure of some or all of the information required
in the notification under this Section. If the date or
timeframe of the breach is unknown at the time the notice is
sent to the Attorney General, the State agency shall send the
Attorney General the date or timeframe of the breach as soon as
possible.
    (f) In addition to the report required by Section 25 of
this Act, if the State agency that suffers a breach determines
the identity of the actor who perpetrated the breach, then the
State agency shall report this information, within 5 days after
the determination, to the General Assembly, provided that such
report would not jeopardize the security of Illinois residents
or compromise a security investigation.
    (g) A State agency directly responsible to the Governor
that has been subject to or has reason to believe it has been
subject to a single breach of the security of the data
concerning the personal information of more than 250 Illinois
residents or an instance of aggravated computer tampering, as
defined in Section 17-53 of the Criminal Code of 2012, shall
notify the Office of the Chief Information Security Officer of
the Illinois Department of Innovation and Technology and the
Attorney General regarding the breach or instance of aggravated
computer tampering. The notification shall be made without
delay, but no later than 72 hours following the discovery of
the incident.
    Upon receiving notification of such incident, the Chief
Information Security Officer shall without delay take
necessary and reasonable actions to:
        (i) assess the incident to determine the potential
    impact on the overall confidentiality, security, and
    availability of State of Illinois data and information
    systems;
        (ii) ensure the security incident is contained to
    minimize additional impact and risk to the State;
        (iii) identify the root cause of the incident;
        (iv) provide recommendations to the impacted State
    agency to assist with eradicating the threat and removing
    and mitigating any vulnerabilities to reduce the risk of
    further compromise; and
        (v) assist the impacted State agency in any necessary
    recovery efforts to ensure effective return to a state of
    normal operations.
    The Department of Innovation and Technology may agree to
submit the reports required in subsections (e) and (f) of this
Section and in Section 25 in lieu of the impacted agency.
    (h) Upon receiving notification from a State agency of a
breach of personal information or from the Department of
Innovation and Technology in lieu of the impacted agency, the
Attorney General may publish the name of the State agency that
suffered the breach, the types of personal information
compromised in the breach, and the date range of the breach.
(Source: P.A. 99-503, eff. 1-1-17.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/25/2017