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Public Act 094-0036


 

Public Act 0036 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0036
 
HB1633 Enrolled LRB094 07564 RXD 37732 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Personal Information Protection Act.
 
    Section 5. Definitions. In this Act:
    "Data Collector" may include, but is not limited to,
government agencies, public and private universities,
privately and publicly held corporations, financial
institutions, retail operators, and any other entity that, for
any purpose, handles, collects, disseminates, or otherwise
deals with nonpublic personal information.
    "Breach of the security of the system data" means
unauthorized acquisition of computerized data that compromises
the security, confidentiality, or integrity of personal
information maintained by the data collector. "Breach of the
security of the system data" does not include good faith
acquisition of personal information by an employee or agent of
the data collector for a legitimate purpose of the data
collector, provided that the personal information is not used
for a purpose unrelated to the data collector's business or
subject to further unauthorized disclosure.
    "Personal information" means an individual's first name or
first initial and last name in combination with any one or more
of the following data elements, when either the name or the
data elements are not encrypted or redacted:
        (1) Social Security number.
        (2) Driver's license number or State identification
    card number.
        (3) Account number or credit or debit card number, or
    an account number or credit card number in combination with
    any required security code, access code, or password that
    would permit access to an individual's financial account.
"Personal information" does not include publicly available
information that is lawfully made available to the general
public from federal, State, or local government records.
 
    Section 10. Notice of Breach.
    (a) Any data collector that owns or licenses personal
information concerning an Illinois resident shall notify the
resident 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.
    (b) Any data collector that maintains 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.
    (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.
    (d) Notwithstanding subsection (c), 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.
 
    Section 15. Waiver. Any waiver of the provisions of this
Act is contrary to public policy and is void and unenforceable.
 
    Section 20. Violation. A violation of this Act constitutes
an unlawful practice under the Consumer Fraud and Deceptive
Business Practices Act.
 
    Section 900. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2Z as follows:
 
    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
    Sec. 2Z. Violations of other Acts. Any person who knowingly
violates the Automotive Repair Act, the Home Repair and
Remodeling Act, the Dance Studio Act, the Physical Fitness
Services Act, the Hearing Instrument Consumer Protection Act,
the Illinois Union Label Act, the Job Referral and Job Listing
Services Consumer Protection Act, the Travel Promotion
Consumer Protection Act, the Credit Services Organizations
Act, the Automatic Telephone Dialers Act, the Pay-Per-Call
Services Consumer Protection Act, the Telephone Solicitations
Act, the Illinois Funeral or Burial Funds Act, the Cemetery
Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery
Sales Act, the High Risk Home Loan Act, subsection (a) or (b)
of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b)
of Section 3-10 of the Cigarette Use Tax Act, the Electronic
Mail Act, paragraph (6) of subsection (k) of Section 6-305 of
the Illinois Vehicle Code, or the Automatic Contract Renewal
Act, or the Personal Information Protection Act commits an
unlawful practice within the meaning of this Act.
(Source: P.A. 92-426, eff. 1-1-02; 93-561, eff. 1-1-04; 93-950,
eff. 1-1-05.)

Effective Date: 1/1/2006