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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
5Geolocation Privacy Protection Act.
6    Section 5. Definitions. As used in this Act:
7    "Geolocation information" means information that: (i) is
8not the contents of a communication; (ii) is generated by or
9derived from, in whole or in part, the operation of a mobile
10device, including, but not limited to, a smart phone, tablet,
11or laptop computer; and (iii) is sufficient to determine or
12infer the precise location of that device. "Geolocation
13information" does not include Internet protocol addresses.
14    "Location-based application" means a software application
15that collects, uses, or stores geolocation information.
16    "Private entity" means any individual, partnership,
17corporation, limited liability company, association, or other
18group, however organized. "Private entity" does not include any
19governmental agency.
20    Section 10. Collection, use, storage, and disclosure of
21geolocation information from location-based applications.
22    (a) A private entity may not collect, use, store, or



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1disclose geolocation information from a location-based
2application on a person's device unless the private entity
3first receives the person's affirmative express consent after
4providing clear, prominent, and accurate notice that:
5        (1) informs the person that his or her geolocation
6    information will be collected, used, or disclosed;
7        (2) informs the person in writing of the specific
8    purposes for which his or her geolocation information will
9    be collected, used, or disclosed; and
10        (3) provides the person a hyperlink or comparably
11    easily accessible means to access the information
12    specified in this subsection.
13    (b) A private entity may collect, use, or disclose
14geolocation information from a location-based application on a
15person's device without receiving affirmative express consent
16if the collection or disclosure is:
17        (1) to allow a parent or legal guardian to locate an
18    unemancipated minor child;
19        (2) to allow a court-appointed guardian to locate a
20    legally incapacitated person; or
21        (3) for the provision of fire, medical, public safety,
22    or other emergency services.
23    (c) A private entity need not obtain a person's affirmative
24express consent after the person's initial consent as described
25in subsection (a) has been obtained unless the terms previously
26agreed to under items (1), (2), and (3) of subsection (a) are



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1materially changed.
2    (d) This Section applies to location-based applications
3created or modified after the effective date of this Act.
4    Section 15. Violation. A violation of this Act constitutes
5a violation of the Consumer Fraud and Deceptive Business
6Practices Act. Only a State's Attorney or the Attorney General
7may enforce a violation of this Act as an unlawful practice
8under the Consumer Fraud and Deceptive Business Practices Act.
9    Section 20. Waivers; contracts.
10    (a) Any waiver of the provisions of this Act is void and
12    (b) Any contract provision relating to the use of a
13location-based application that does not comply with the
14applicable provisions of this Act is void and unenforceable.
15    Section 25. Applicability. This Act does not apply to: (i)
16a health care provider or other covered entity subject to the
17Federal Health Insurance Portability and Accountability Act of
181996 and the rules promulgated thereunder; (ii) a financial
19institution or an affiliate of a financial institution that is
20subject to Title V of the Federal Gramm-Leach-Bliley Act of
211999 and the rules promulgated thereunder; or (iii) Internet,
22wireless, or telecommunications service providers; (iv) cable
23or video service providers under Article XXI of the Public



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1Utilities Act; or (v) a person licensed as a private detective
2pursuant to the Private Detective, Private Alarm, Private
3Security, Fingerprint Vendor, and Locksmith Act of 2004.
4    Section 90. The Consumer Fraud and Deceptive Business
5Practices Act is amended by changing Section 2Z as follows:
6    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
7    Sec. 2Z. Violations of other Acts. Any person who knowingly
8violates the Automotive Repair Act, the Automotive Collision
9Repair Act, the Home Repair and Remodeling Act, the Dance
10Studio Act, the Geolocation Privacy Protection Act, the
11Physical Fitness Services Act, the Hearing Instrument Consumer
12Protection Act, the Illinois Union Label Act, the Job Referral
13and Job Listing Services Consumer Protection Act, the Travel
14Promotion Consumer Protection Act, the Credit Services
15Organizations Act, the Automatic Telephone Dialers Act, the
16Pay-Per-Call Services Consumer Protection Act, the Telephone
17Solicitations Act, the Illinois Funeral or Burial Funds Act,
18the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
19Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High
20Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage
21Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the
22Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the
23Cigarette Use Tax Act, the Electronic Mail Act, the Internet
24Caller Identification Act, paragraph (6) of subsection (k) of



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1Section 6-305 of the Illinois Vehicle Code, Section 11-1431,
218d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the
3Illinois Vehicle Code, Article 3 of the Residential Real
4Property Disclosure Act, the Automatic Contract Renewal Act,
5the Reverse Mortgage Act, Section 25 of the Youth Mental Health
6Protection Act, or the Personal Information Protection Act
7commits an unlawful practice within the meaning of this Act.
8(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
9eff. 7-28-16.)