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Public Act 101-0343


 

Public Act 0343 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0343
 
SB1624 EnrolledLRB101 10546 JLS 55652 b

    AN ACT concerning business.
 
    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 10 as follows:
 
    (815 ILCS 530/10)
    Sec. 10. Notice of breach; notice to Attorney General.
    (a) Any data collector that owns or licenses 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 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 as defined in
    Section 5 in paragraph (1) of the definition of "personal
    information":
            (A) the toll-free numbers and addresses for
        consumer reporting agencies;
            (B) the toll-free number, address, and website
        address for the Federal Trade Commission; and
            (C) a statement that the individual can obtain
        information from these sources about fraud alerts and
        security freezes.
        (2) With respect to personal information 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.
    (b) Any data collector that maintains or stores, but does
not own or license, computerized data that includes personal
information that the data collector does not own or license
shall notify the owner or licensee of the information of any
breach of the security of the data immediately following
discovery, if the personal information was, or is reasonably
believed to have been, acquired by an unauthorized person. In
addition to providing such notification to the owner or
licensee, the data collector shall cooperate with the owner or
licensee in matters relating to the breach. That cooperation
shall include, but need not be limited to, (i) informing the
owner or licensee of the breach, including giving notice of the
date or approximate date of the breach and the nature of the
breach, and (ii) informing the owner or licensee of any steps
the data collector has taken or plans to take relating to the
breach. The data collector's cooperation shall not, however, be
deemed to require either the disclosure of confidential
business information or trade secrets or the notification of an
Illinois resident who may have been affected by the breach.
    (b-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 data
collector with a written request for the delay. However, the
data collector must notify the Illinois resident as soon as
notification will no longer interfere with the investigation.
    (c) For purposes of this Section, notice to consumers 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 data collector
    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 data collector does not
    have sufficient contact information. Substitute notice
    shall consist of all of the following: (i) email notice if
    the data collector has an email address for the subject
    persons; (ii) conspicuous posting of the notice on the data
    collector's web site page if the data collector maintains
    one; and (iii) notification to major statewide media or, if
    the breach impacts residents in one geographic area, to
    prominent local media in areas where affected individuals
    are likely to reside if such notice is reasonably
    calculated to give actual notice to persons whom notice is
    required.
    (d) Notwithstanding any other subsection in this Section, a
data collector 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 data
collector notifies subject persons in accordance with its
policies in the event of a breach of the security of the system
data.
    (e)(1) This subsection does not apply to data collectors
that are covered entities or business associates and are in
compliance with Section 50.
    (2) Any data collector required to issue notice pursuant to
this Section to more than 500 Illinois residents as a result of
a single breach of the security system shall provide notice to
the Attorney General of the breach, including:
        (A) A description of the nature of the breach of
    security or unauthorized acquisition or use.
        (B) The number of Illinois residents affected by such
    incident at the time of notification.
        (C) Any steps the data collector has taken or plans to
    take relating to the incident.
    Such notification must be made in the most expedient time
possible and without unreasonable delay but in no event later
than when the data collector provides notice to consumers
pursuant to this Section. If the date of the breach is unknown
at the time the notice is sent to the Attorney General, the
data collector shall send the Attorney General the date of the
breach as soon as possible.
    Upon receiving notification from a data collector of a
breach of personal information, the Attorney General may
publish the name of the data collector 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; 100-201, eff. 8-18-17.)

Effective Date: 1/1/2020