100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
Introduced , by Rep. Ann M. Williams
SYNOPSIS AS INTRODUCED:
815 ILCS 505/2Z
from Ch. 121 1/2, par. 262Z
Creates the Geolocation Privacy Protection Act. Defines "geolocation
information", "location-based application", and "private entity". Provides
that a private entity may not collect, use, store, or disclose geolocation
information from a location-based application on a person's device unless
the private entity first receives the person's affirmative express consent
after complying with specified notice requirements. Provides exceptions.
Provides that a person whose rights are violated may recover: (1)
liquidated damages of $1,000 or actual damages, whichever is greater; (2)
reasonable attorney's fees and costs; and (3) other relief, including an
injunction, as the court may deem appropriate. Provides that authority to
seek remedies and impose penalties granted to the Attorney General under
the Consumer Fraud and Deceptive Business Practices Act is also granted to
the Attorney General for the enforcement of the Geolocation Privacy
Protection Act. Provides that in any action brought by the Attorney General
to enforce the Act, the court may order that persons who incurred actual
damages be awarded 3 times the amount at which actual damages are assessed.
Provides that a violation of the Act constitutes an unlawful practice under
the Consumer Fraud and Deceptive Business Practices Act. Provides that the
provisions of the Act may not be waived. Contains applicability language.
Makes a corresponding change in the Consumer Fraud and Deceptive Business
Practices Act. Effective immediately.
A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Geolocation Privacy Protection Act.
As used in this Act:
"Geolocation information" means information that: (i) is
not the contents of a communication; (ii) is generated by or
derived from, in whole or in part, the operation of a mobile
device, including, but not limited to, a smart phone, tablet,
or laptop computer; and (iii) is sufficient to determine or
infer location of that device. "Geolocation information" does
not include Internet protocol addresses.
"Location-based application" means a software application
that collects, uses, or stores geolocation information.
"Private entity" means any individual, partnership,
corporation, limited liability company, association, or other
group, however organized. "Private entity" does not include any
Collection, use, storage, and disclosure of
geolocation information from location-based applications.
(a) A private entity may not collect, use, store, or