Sen. Thomas Cullerton

Filed: 5/19/2017





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2    AMENDMENT NO. ______. Amend House Bill 3449 by replacing
3everything after the enacting clause with the following:
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 is downloaded or installed onto a mobile device and
16collects, uses, or stores geolocation information.



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1    "Private entity" means any individual, partnership,
2corporation, limited liability company, association, or other
3group, however organized. "Private entity" does not include any
4governmental agency.
5    Section 10. Collection, use, storage, and disclosure of
6geolocation information from location-based applications.
7    (a) A private entity may not collect, use, store, or
8disclose geolocation information from a location-based
9application on a person's device unless the private entity
10first receives the person's affirmative express consent after
11providing clear, prominent, and accurate notice that:
12        (1) informs the person that his or her geolocation
13    information will be collected, used, or disclosed;
14        (2) informs the person in writing of the specific
15    purposes for which his or her geolocation information will
16    be collected, used, or disclosed; and
17        (3) provides the person a hyperlink or comparably
18    easily accessible means to access the information
19    specified in this subsection.
20    (b) A private entity may collect, use, store, or disclose
21geolocation information from a location-based application on a
22person's device without receiving affirmative express consent
23if the collection, storage, or disclosure is:
24        (1) to allow a parent or legal guardian to locate an
25    unemancipated minor child;



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1        (2) to allow a court-appointed guardian to locate a
2    legally incapacitated person;
3        (3) for the provision of fire, medical, public safety,
4    or other emergency services; or
5        (4) for the limited purpose of providing storage,
6    security, or authentication services.
7    (c) A private entity need not obtain a person's affirmative
8express consent after the person's initial consent as described
9in subsection (a) has been obtained unless the terms previously
10agreed to under items (1), (2), and (3) of subsection (a) are
11materially changed.
12    (d) This Section applies to location-based applications
13created or modified after the effective date of this Act.
14    Section 15. Violation.
15    (a) A violation of this Act constitutes a violation of the
16Consumer Fraud and Deceptive Business Practices Act. Only a
17State's Attorney or the Attorney General may enforce a
18violation of this Act as an unlawful practice under the
19Consumer Fraud and Deceptive Business Practices Act.
20    (b) A private entity, other than an individual, that is in
21violation of this Act shall have 15 days after being notified
22of a violation to rectify that violation before the Attorney
23General or appropriate State's Attorney's Office may seek an
24enforcement action against that private entity.



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1    Section 20. Waivers; contracts.
2    (a) Any waiver of the provisions of this Act is void and
4    (b) Any agreement created or modified after the effective
5date of this Act that does not comply with this Act is void and
6unenforceable. Only a State's Attorney and the Attorney General
7may enforce provisions of contracts as void under this Act.
8    Section 25. Applicability. This Act does not apply to: (i)
9a health care provider or other covered entity subject to the
10Federal Health Insurance Portability and Accountability Act of
111996 and the rules promulgated thereunder; (ii) a financial
12institution or an affiliate of a financial institution that is
13subject to Title V of the Federal Gramm-Leach-Bliley Act of
141999 and the rules promulgated thereunder; (iii) Internet,
15wireless, or telecommunications service providers; (iv) a
16person licensed as a private detective pursuant to the Private
17Detective, Private Alarm, Private Security, Fingerprint
18Vendor, and Locksmith Act of 2004; (v) an individual or firm
19licensed under the Illinois Professional Land Surveyor Act of
201989 or the Professional Engineering Practice Act of 1989; (vi)
21a public utility, as defined in Section 3-105 of the Public
22Utilities Act, an alternative retail electric supplier, as
23defined in Section 16-102 of the Public Utilities Act, an
24alternative gas supplier, as defined in Section 19-105 of the
25Public Utilities Act, or the employees or agents of those



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1entities; or (vii) any candidate, volunteer, employee, agent,
2or vendor of a candidate political committee, political party
3committee, political action committee, ballot initiative
4committee, or independent expenditure committee, as defined in
5Section 9-1.8 of the Election Code.
6    Section 90. The Consumer Fraud and Deceptive Business
7Practices Act is amended by changing Section 2Z as follows:
8    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
9    Sec. 2Z. Violations of other Acts. Any person who knowingly
10violates the Automotive Repair Act, the Automotive Collision
11Repair Act, the Home Repair and Remodeling Act, the Dance
12Studio Act, the Geolocation Privacy Protection Act, the
13Physical Fitness Services Act, the Hearing Instrument Consumer
14Protection Act, the Illinois Union Label Act, the Job Referral
15and Job Listing Services Consumer Protection Act, the Travel
16Promotion Consumer Protection Act, the Credit Services
17Organizations Act, the Automatic Telephone Dialers Act, the
18Pay-Per-Call Services Consumer Protection Act, the Telephone
19Solicitations Act, the Illinois Funeral or Burial Funds Act,
20the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
21Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High
22Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage
23Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the
24Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the



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1Cigarette Use Tax Act, the Electronic Mail Act, the Internet
2Caller Identification Act, paragraph (6) of subsection (k) of
3Section 6-305 of the Illinois Vehicle Code, Section 11-1431,
418d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the
5Illinois Vehicle Code, Article 3 of the Residential Real
6Property Disclosure Act, the Automatic Contract Renewal Act,
7the Reverse Mortgage Act, Section 25 of the Youth Mental Health
8Protection Act, or the Personal Information Protection Act
9commits an unlawful practice within the meaning of this Act.
10(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
11eff. 7-28-16.)".