103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3080

 

Introduced 2/2/2024, by Sen. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
New Act
815 ILCS 505/2EEEE new

    Creates the Protect Health Data Privacy Act. Provides that a regulated entity shall disclose and maintain a health data privacy policy that clearly and conspicuously discloses specified information. Sets forth provisions concerning health data privacy policies. Provides that a regulated entity shall not collect, share, or store health data, except in specified circumstances. Provides that it is unlawful for any person to sell or offer to sell health data concerning a consumer without first obtaining valid authorization from the consumer. Provides that a valid authorization to sell consumer health data must contain specified information; a copy of the signed valid authorization must be provided to the consumer; and the seller and purchaser of health data must retain a copy of all valid authorizations for sale of health data for 6 years after the date of its signature or the date when it was last in effect, whichever is later. Sets forth provisions concerning the consent required for collection, sharing, and storage of health data. Provides that a consumer has the right to withdraw consent from the collection, sharing, sale, or storage of the consumer's health data. Provides that it is unlawful for a regulated entity to engage in discriminatory practices against consumers solely because they have not provided consent to the collection, sharing, sale, or storage of their health data or have exercised any other rights provided by the provisions or guaranteed by law. Sets forth provisions concerning a consumer's right to confirm whether a regulated entity is collecting, selling, sharing, or storing any of the consumer's health data; a consumer's right to have the consumer's health data that is collected by a regulated entity deleted; prohibitions regarding geofencing; and consumer health data security. Provides that any person aggrieved by a violation of the provisions shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party. Provides that the Attorney General may enforce a violation of the provisions as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Defines terms. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.


LRB103 38349 SPS 68484 b

 

 

A BILL FOR

 

SB3080LRB103 38349 SPS 68484 b

1    AN ACT concerning regulation.
 
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
5Protect Health Data Privacy Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Collect" means to buy, rent, lease, access, retain,
8receive, or acquire health data in any manner.
9    "Consent" means a clear affirmative act by a consumer that
10unambiguously communicates the consumer's express, freely
11given, informed, opt-in, voluntary, specific, and unambiguous
12written agreement, including written consent provided by
13electronic means, to the collection, sale, sharing, or storage
14of health data. Consent may not be implied, and consent cannot
15be obtained by:
16        (1) acceptance of a general or broad terms of use
17    agreement or a similar document that contains descriptions
18    of personal data processing along with other, unrelated
19    information;
20        (2) hovering over, muting, pausing, or closing a given
21    piece of digital content; or
22        (3) agreement obtained through the use of deceptive
23    designs.

 

 

SB3080- 2 -LRB103 38349 SPS 68484 b

1    "Consumer" means a person who is a resident of this State,
2however identified, including by any unique identifier. A
3person located in this State when the person's health data is
4collected by a regulated entity shall create a presumption
5that the person is a resident of this State for purposes of
6enforcing this Act. "Consumer" does not include an individual
7acting in a commercial or employment context.
8    "Deceptive design" means any user interface or element
9thereof that has the substantial effect of subverting,
10impairing, or impeding an individual's autonomy,
11decision-making, or choice.
12    "Deidentified data" means data that cannot be used to
13infer information about, or otherwise be linked to, an
14identified or identifiable individual, or a device linked to
15such individual. A regulated entity that possesses
16deidentified data shall: (i) take reasonable measures to
17ensure that such data cannot be associated with an individual;
18(ii) publicly commit to process such data only in a
19deidentified fashion and not attempt to reidentify such data;
20and (iii) contractually obligate any recipients of such data
21to satisfy the criteria set forth in items (i) and (ii).
22    "Geofence" means technology that uses global positioning
23coordinates, cell tower connectivity, cellular data, radio
24frequency identification, wireless Internet data, or any other
25form of spatial or location detection to establish a virtual
26boundary around a specific physical location or to locate a

 

 

SB3080- 3 -LRB103 38349 SPS 68484 b

1consumer within a virtual boundary. For the purposes of this
2Act, "geofence" means a virtual boundary that is no more than
31,750 feet around a specific physical location that provides
4health services.
5    "Health data" means information regarding, relating to,
6derived, or extrapolated from the past, present, or future
7physical or mental health of a consumer, including, but not
8limited to, any information relating to:
9        (1) individual health conditions, treatment, status,
10    diseases, or diagnoses;
11        (2) health related surgeries or procedures;
12        (3) use or purchase of medication;
13        (4) social, psychological, behavioral, and medical
14    interventions;
15        (5) bodily functions, vital signs, measurements, or
16    symptoms;
17        (6) diagnoses or diagnostic testing, treatment, or
18    medication;
19        (7) efforts to research or obtain health services or
20    supplies;
21        (8) health services or products that support or relate
22    to lawful health care, as defined by Public Act 102-1117;
23        (9) precise location information that could reasonably
24    be used to determine a consumer's attempt to acquire or
25    receive health services or supplies; and
26        (10) any information described in paragraphs (1)

 

 

SB3080- 4 -LRB103 38349 SPS 68484 b

1    through (9) that is derived or extrapolated from
2    non-health information, including by use of algorithms or
3    machine learning, if such information is used or processed
4    in connection with the advertising, marketing, or
5    provision of health services.
6    "Health data" does not include:
7        (1) personal information collected with the consumer's
8    consent that is used to engage in public or peer-reviewed
9    scientific, historical, or statistical research in the
10    public interest that adheres to all other applicable
11    ethics and privacy laws and is approved, monitored, and
12    governed by an institutional review board, human subjects
13    research ethics review board, or a similar independent
14    oversight entity that determines that the regulated entity
15    has implemented reasonable safeguards to mitigate privacy
16    risks associated with research, including any risks
17    associated with reidentification; or
18        (2) deidentified data.
19    "Health services" means any service, medical care, or
20information related to a consumer's health data provided to a
21consumer.
22    "HIPAA" means the Health Insurance Portability and
23Accountability Act of 1996, Public Law 104-191, the Health
24Information Technology for Economic and Clinical Health Act,
25and any subsequent amendments thereto and any regulations
26promulgated thereunder, including the Privacy Rule, as

 

 

SB3080- 5 -LRB103 38349 SPS 68484 b

1specified in 45 CFR 164.500-534, the Security Rule, as
2specified in 45 CFR 164.302-318, and the Breach Notification
3rule, as specified in 45 CFR 164.400-414.
4    "Homepage" means the introductory page of a website where
5personal information is collected. In the case of an online
6service, such as a mobile application, "homepage" means the
7application's platform page or download page, such as from the
8application configuration, "About" page, "Information" page,
9or settings page, and any other location that allows consumers
10to review the notice.
11    "Personal information" means information that identifies,
12relates to, describes, is reasonably capable of being
13associated with, or linked, directly or indirectly, with a
14particular consumer or household. "Personal information" does
15not include publicly available information or deidentified
16data.
17    "Precise location information" means information that
18identifies the location of an individual within a radius of
191,750 feet. "Precise location information" does not include:
20(i) the content of communications, or (ii) any data generated
21by or connected to advanced utility metering infrastructure
22systems or equipment for use by a utility.
23    "Processor" means an individual or legal entity that
24processes health data on behalf of a regulated entity pursuant
25to a written agreement or contract. "Process" or "processing"
26means arranging, storing, organizing, structuring, retrieving,

 

 

SB3080- 6 -LRB103 38349 SPS 68484 b

1transmission, or the otherwise making available of data.
2    "Publicly available" means information that is lawfully
3made available from federal, State, or local government
4records.
5    "Regulated entity" means any individual, partnership,
6corporation, limited liability company, association, or other
7group, however organized, that: (i) conducts business in this
8State or produces products or services that are available to
9consumers in this State; and (ii) for any purpose, handles,
10collects, shares, sells, stores or otherwise deals with health
11data. "Regulated entity" does not include government agencies,
12tribal nations, a clerk of the court, or a judge or justice
13thereof, or contracted service providers when processing
14consumer health data on behalf of the government agency.
15"Regulated entity" does not include any entity that is a
16covered entity or a business associate, as defined in Section
17160.103 of Title 45 of the Code of Federal Regulations,
18subject to and in compliance with HIPAA to the extent such
19entity is acting as a covered entity or business associate
20under the Privacy and Security rules issued by the United
21States Department of Health and Human Services, Parts 160 and
22164 of Title 45 of the Code of Federal Regulations. "Regulated
23entity" does not include any entity that is subject to and in
24compliance with restrictions on disclosure of records under
25Section 543 of the Public Health Service Act, 42 U.S.C.
26290dd–2, to the extent such entity is acting in a capacity

 

 

SB3080- 7 -LRB103 38349 SPS 68484 b

1subject to such restrictions.
2    "Sell" or "sale" means when a regulated entity, directly
3or indirectly, receives any form of remuneration or other
4valuable consideration from the use of health data or from the
5recipient of the health data in exchange for the health data.
6"Sell" does not include:
7        (1) the sharing of health data to a recipient where
8    the regulated entity maintains control and ownership of
9    the health data;
10        (2) the sharing of health data to comply with
11    applicable laws or regulations;
12        (3) the use of the health data by an entity
13    exclusively at the direction of the regulated entity and
14    consistent with the purpose for which it was collected and
15    disclosed; and
16        (4) the transfer of health data to a third party as an
17    asset as part of a merger, acquisition, bankruptcy, or
18    other transaction in which the third party assumes control
19    of all or part of the regulated entity's assets that shall
20    comply with the requirements and obligations in this Act.
21    "Share" means to release, disclose, disseminate, divulge,
22loan, make available, provide access to, license, or otherwise
23communicate orally, in writing, or by electronic or other
24means, health data by a regulated entity to a third party
25except where the regulated entity maintains exclusive control
26and ownership of the health data. "Share" does not include:

 

 

SB3080- 8 -LRB103 38349 SPS 68484 b

1        (1) the disclosure of health data to a processor that
2    collects or processes the personal data on behalf of the
3    regulated entity, when the regulated entity maintains
4    control and ownership of the data and the processor
5    maintains or uses the health data only for the regulated
6    entity's distinct purposes pursuant to a contract;
7        (2) the disclosure of health data to a third party
8    with whom the consumer has a direct relationship for
9    purposes of and only to the extent necessary for providing
10    a product or service requested by the consumer when the
11    regulated entity maintains control and ownership of the
12    data and the third party maintains or uses the health data
13    only for the regulated entity's distinct purposes; or
14        (3) the disclosure or transfer of personal data to a
15    third party as an asset that is part of a merger,
16    acquisition, bankruptcy, or other transaction in which the
17    third party assumes control of all or part of the
18    regulated entity's assets and shall comply with the
19    requirements and obligations in this Act.
20    "Strictly necessary" means essential or required to be
21done.
22    "Third party" means an entity other than a consumer,
23regulated entity, service provider, or affiliate of the
24regulated entity.
 
25    Section 10. Scope.

 

 

SB3080- 9 -LRB103 38349 SPS 68484 b

1    (a) This Act applies to consumers seeking, researching, or
2obtaining health services within this State, or information
3about health services available in this State and regulated
4entities.
5    (b) This Act does not affect an individual's right to
6voluntarily share the individual's own health care information
7with another person or entity.
 
8    Section 15. Health data privacy policy required.
9    (a) A regulated entity shall disclose and maintain a
10health data privacy policy that, in plain language, clearly
11and conspicuously discloses:
12        (1) the specific types of health data collected and
13    the purpose for which the data is collected and used;
14        (2) the categories of sources from which the health
15    data is collected;
16        (3) the specific types of health data that are shared,
17    sold, and stored;
18        (4) the categories of third parties with whom the
19    regulated entity collects, shares, sells, and stores
20    health data, and the process to withdraw consent from
21    having health data collected, shared, sold, and stored;
22        (5) a list of the specific third parties to which the
23    regulated entity shares health data, and an active
24    electronic mail address or other online mechanism that the
25    consumer may use to contact these third parties free of

 

 

SB3080- 10 -LRB103 38349 SPS 68484 b

1    charge;
2        (6) how a consumer may exercise the rights provided in
3    this Act, including, but not limited to, identifying 2 or
4    more designated methods for a consumer to contact the
5    regulated entity in connection with the exercise of any
6    rights provided in this Act;
7        (7) the length of time the regulated entity intends to
8    retain each category of health data, or if that is not
9    possible, the criteria used to determine that period;
10    however, a regulated entity shall not retain health data
11    for each disclosed purpose for which the health data was
12    collected for longer than is reasonably necessary to
13    fulfill that disclosed purpose; and
14        (8) whether the regulated entity collects health data
15    when the consumer is not directly interacting with the
16    regulated entity or its services.
17    (b) A regulated entity shall prominently publish or link
18to its health data privacy policy on its website homepage, or
19in another manner that is clear and conspicuous to consumers.
20Its health data privacy policy must be distinguishable from
21other matters. Any regulated entity providing health services
22in a physical location shall also post its health data privacy
23policy in a conspicuous place that is readily available for
24viewing by consumers.
25    (c) A regulated entity shall not collect, share, sell, or
26store additional categories of health data not disclosed in

 

 

SB3080- 11 -LRB103 38349 SPS 68484 b

1the health data privacy policy without first disclosing the
2additional categories of health data and obtaining the
3consumer's consent before the collection, sharing, selling, or
4storing of the health data.
5    (d) A regulated entity shall not collect, share, sell, or
6store health data for additional purposes not disclosed in the
7health data privacy policy without first disclosing the
8additional purposes and obtaining the consumer's consent
9before the collection, sharing, selling, or storing of the
10health data.
11    (e) It is a violation of this Act for a regulated entity to
12contract with a processor to process consumer health data in a
13manner that is inconsistent with the regulated entity's
14consumer health data privacy policy.
 
15    Section 20. Prohibition on collection, sharing, or storing
16of health data. A regulated entity shall not collect, share,
17or store health data, except:
18        (1) with the consent of the consumer to whom the
19    information relates for a specified purpose; or
20        (2) as is strictly necessary to provide a product or
21    service that the consumer to whom the health data relates
22    has specifically requested from the regulated entity.
 
23    Section 25. Prohibition on sale of health data.
24    (a) It is unlawful for any person to sell or offer to sell

 

 

SB3080- 12 -LRB103 38349 SPS 68484 b

1health data concerning a consumer without first obtaining
2valid authorization from the consumer. The sale of consumer
3health data must be consistent with the valid authorization
4signed by the consumer.
5    (b) A valid authorization to sell consumer health data is
6an agreement consistent with this Section and must be written
7in plain language. The valid authorization to sell consumer
8health data must contain the following:
9        (1) the specific consumer health data concerning the
10    consumer that the person intends to sell;
11        (2) the name and contact information of any person or
12    entity collecting and selling the health data;
13        (3) the name and contact information of any person or
14    entity purchasing the health data from the seller
15    identified in paragraph (2) of this subsection;
16        (4) a description of the purpose for the sale,
17    including how the health data will be gathered and how it
18    will be used by the purchaser identified in paragraph (3)
19    of this subsection when sold;
20        (5) a statement that the provision of goods or
21    services may not be conditioned on the consumer signing
22    the valid authorization;
23        (6) a statement that the consumer has a right to
24    revoke the valid authorization at any time and a
25    description on how a consumer may revoke the valid
26    authorization;

 

 

SB3080- 13 -LRB103 38349 SPS 68484 b

1        (7) a statement that the consumer health data sold
2    pursuant to the valid authorization may be subject to
3    redisclosure by the purchaser and may no longer be
4    protected by this Section;
5        (8) an expiration date for the valid authorization
6    that expires one year from when the consumer signs the
7    valid authorization; and
8        (9) the signature of the consumer and date.
9    (c) An authorization is not valid if the document has any
10of the following defects:
11        (1) the expiration date has passed;
12        (2) the authorization does not contain all the
13    information required under this Section;
14        (3) the authorization has been revoked by the
15    consumer;
16        (4) the authorization has been combined with other
17    documents to create a compound authorization; or
18        (5) the provision of goods or services is conditioned
19    on the consumer signing the authorization.
20    (d) A copy of the signed valid authorization must be
21provided to the consumer.
22    (e) The seller and purchaser of health data must retain a
23copy of all valid authorizations for sale of health data for 6
24years after the date of its signature or the date when it was
25last in effect, whichever is later.
 

 

 

SB3080- 14 -LRB103 38349 SPS 68484 b

1    Section 30. Consent required for collection, sharing, and
2storage of health data.
3    (a) A regulated entity shall not seek consent to collect,
4share, or store health data without first disclosing its
5health data privacy policy as required under Section 15.
6    (b) Consent required under this Section must be obtained
7before the collection, sharing, or storing, as applicable, of
8any health data, and the request for consent must clearly and
9conspicuously disclose, separate and apart from its health
10data privacy policy:
11        (1) the categories of health data collected, sold,
12    shared, or stored;
13        (2) the purpose of the collection, sharing, or storage
14    of the health data, including the specific ways in which
15    it will be used; and
16        (3) how the consumer can withdraw consent from future
17    collection, sharing, or storage of their health data.
18    (c) Consent required under this Section must be obtained
19before the use of any health data for any additional purpose
20that was not specified before obtaining a consumer's consent
21for the use of the health data.
 
22    Section 35. Right to withdraw consent. A consumer has the
23right to withdraw consent from the collection, sharing, sale,
24or storage of the consumer's health data, consistent with the
25requirements of Section 30.
 

 

 

SB3080- 15 -LRB103 38349 SPS 68484 b

1    Section 40. Prohibition on discriminatory practices.
2    (a) It is unlawful for a regulated entity to engage in
3discriminatory practices against a consumer solely because the
4consumer has not provided consent to the collection, sharing,
5sale, or storage of the consumer's health data pursuant to
6this Act, or have exercised any other rights provided by this
7Act or guaranteed by law. Discriminatory practices include,
8but are not limited to:
9        (1) denying or limiting goods or services to the
10    consumer;
11        (2) imposing additional requirements or restrictions
12    on the individual that would not be necessary if the
13    consumer provided their consent;
14        (3) providing materially different treatment to
15    consumers who provide consent as compared to consumers who
16    do not provide consent;
17        (4) providing or suggesting that the consumer will
18    receive a lower level or quality of goods or services;
19        (5) suggesting that the consumer will receive a
20    different price or rate for goods or services; or
21        (6) charging different prices or rates for goods or
22    services, including using discounts or other benefits or
23    imposing penalties.
24    (b) It shall not be a discriminatory practice under this
25Section to use health data as is strictly necessary to provide

 

 

SB3080- 16 -LRB103 38349 SPS 68484 b

1a product or service that the consumer to whom the health data
2relates has specifically requested from a regulated entity.
 
3    Section 45. Right to confirm. A consumer has the right to
4confirm whether a regulated entity is collecting, selling,
5sharing, or storing any of the consumer's health data, and to
6confirm that a regulated entity has deleted the consumer's
7health data following a deletion request pursuant to Section
850. A regulated entity that receives a consumer request to
9confirm shall respond within 45 calendar days after receiving
10the request to confirm from the consumer. The regulated entity
11shall, without reasonable delay, promptly take all steps
12necessary to verify the consumer's request, but this shall not
13extend the regulated entity's duty to respond within 45 days
14of receipt of the consumer's request. The time period to
15provide the required confirmation may be extended once by an
16additional 45 calendar days when reasonably necessary, if the
17consumer is provided notice of the extension within the first
1845-day period.
 
19    Section 50. Right to deletion.
20    (a) A consumer has the right to have the consumer's health
21data that is collected by a regulated entity deleted by
22informing the regulated entity of the consumer's request for
23deletion, except as provided in subsection (g).
24    (b) Except as otherwise specified in subsection (f), a

 

 

SB3080- 17 -LRB103 38349 SPS 68484 b

1regulated entity that receives a consumer request to delete
2any of the consumer's health data shall without unreasonable
3delay, and no more than 45 calendar days from receiving the
4deletion request:
5        (1) delete the consumer's health data from its
6    records, including from all parts of the regulated
7    entity's network; and
8        (2) notify all service providers, contractors, and
9    third parties with whom the regulated entity has shared
10    the consumer's health data of the deletion request.
11    (c) If a regulated entity stores any health data on
12archived or backup systems, it may delay compliance with the
13consumer's request to delete with respect to the health data
14stored on the archived or backup system until the archived or
15backup system relating to that data is restored to an active
16system or is next accessed or used.
17    (d) Any processor, service provider, contractor, and other
18third party that receives notice of a consumer's deletion
19request from a regulated entity shall honor the consumer's
20deletion request and delete the health data from the regulated
21entity's records, including from all parts of its network or
22backup systems.
23    (e) A consumer or a consumer's authorized agent may
24exercise the rights set forth in this Act by submitting a
25request, at any time, to a regulated entity. Such a request may
26be made by:

 

 

SB3080- 18 -LRB103 38349 SPS 68484 b

1        (1) contacting the regulated entity through the manner
2    included in its health data privacy policy;
3        (2) by designating an authorized agent who may
4    exercise the rights on behalf of the consumer;
5        (3) in the case of collecting health data of a minor,
6    the minor seeking health services may exercise their
7    rights under this Act, or the parent or legal guardian of
8    the minor may exercise the rights of this Act on the
9    minor's behalf; or
10        (4) in the case of collecting health data concerning a
11    consumer subject to guardianship, conservatorship, or
12    other protective arrangement under the Probate Act of
13    1975, the guardian or the conservator of the consumer may
14    exercise the rights of this Act on the consumer's behalf.
15    (f) The time period to delete any of the consumer's health
16data may be extended once by an additional 30 calendar days
17when reasonably necessary, if the consumer is provided notice
18of the extension within the first 30-day period.
19    (g) Neither a regulated entity nor a processor shall be
20required to comply with a consumer's request to delete the
21consumer's health data if it is necessary for the regulated
22entity or the processor to maintain the consumer's health data
23to:
24        (1) complete the transaction for which the health data
25    was collected, provide a good or service requested by the
26    consumer, or otherwise fulfill the requirements of an

 

 

SB3080- 19 -LRB103 38349 SPS 68484 b

1    agreement between the regulated entity and the consumer;
2        (2) detect security incidents, protect against
3    malicious, deceptive, fraudulent, or illegal activity, if
4    the use of health data for such purposes is limited in time
5    pursuant to a valid record retention schedule;
6        (3) engage in public or peer-reviewed scientific,
7    historical, or statistical research in the public interest
8    that adheres to all other applicable ethics and privacy
9    laws, if the entities' deletion of the information is
10    likely to render impossible or seriously impair the
11    achievement of such research, and if the consumer has
12    provided consent to such use of their health data;
13        (4) comply with an applicable legal obligation, such
14    as data retention requirements set forth in Section 6 of
15    the Hospital Licensing Act, 45 CFR 164.316, and 45 CFR
16    164.530;
17        (5) comply with an applicable legal obligation if the
18    regulated entity has been notified, in writing by an
19    attorney, that there is litigation pending in court
20    involving the consumer's health data as possible evidence
21    and that the consumer is their client or is the person who
22    has instituted the litigation against their client, then
23    the regulated entity shall retain the record of that
24    consumer until notified in writing by the plaintiff's
25    attorney, with the approval of the defendant's attorney of
26    record, that the case in court involving the record has

 

 

SB3080- 20 -LRB103 38349 SPS 68484 b

1    been concluded or for a period of 12 years after the date
2    that the record was produced, whichever occurs first in
3    time; or
4        (6) otherwise use the consumer's health data,
5    internally, in a lawful manner that is compatible with the
6    context in which the consumer provided their health data.
 
7    Section 55. Authentication of consumer identity.
8    (a) A regulated entity that receives a consumer request to
9confirm or delete may take reasonable measures to authenticate
10the consumer's identity to a reasonably high degree of
11certainty. A reasonably high degree of certainty may include
12matching at least 3 pieces of personal information provided by
13the consumer with personal information maintained by the
14regulated entity that it has determined to be reliable for the
15purpose of authenticating the consumer together with a signed
16declaration under penalty of perjury that the consumer making
17the request is the consumer whose health data is the subject of
18the request. If a regulated entity uses this method for
19authentication, the regulated entity shall make all forms
20necessary for authentication of a consumer's identity
21available to consumers, and shall maintain all signed
22declarations as part of its recordkeeping obligations.
23    (b) A regulated entity is not required to comply with a
24consumer request to confirm or delete if the regulated entity,
25using commercially reasonable efforts, is unable to

 

 

SB3080- 21 -LRB103 38349 SPS 68484 b

1authenticate the identity of the consumer making the request.
2If a regulated entity is unable to authenticate the consumer's
3identity, the regulated entity shall inform the consumer that
4it was unable to authenticate the consumer's identity and
5advise the consumer of other methods, if available, of
6authenticating their identity.
7    (c) If a regulated entity denies an authenticated consumer
8request to delete that consumer's health data, in whole or in
9part, because of a conflict with federal or State law, the
10regulated entity shall inform the requesting consumer and
11explain the basis for the denial, unless prohibited from doing
12so by law.
13    (d) Any information provided by a consumer to a regulated
14entity for the purpose of authenticating the consumer's
15identity shall not be used for any purpose other than
16authenticating the consumer's identity and shall be destroyed
17immediately following the authentication process.
 
18    Section 60. Consumer health data security and
19minimization.
20    (a) A regulated entity shall restrict access to health
21data by the employees, processors, service providers, and
22contractors of the regulated entity to only those employees,
23processors, services providers, and contractors for which
24access is necessary to provide a product or service that the
25consumer to whom the health data relates has requested from

 

 

SB3080- 22 -LRB103 38349 SPS 68484 b

1the regulated entity.
2    (b) A regulated entity shall establish, implement, and
3maintain administrative, technical, and physical data security
4practices that at least satisfy a reasonable standard of care
5within the regulated entity's industry to protect the
6confidentiality, integrity, and accessibility of health data
7appropriate to the volume and nature of the personal data at
8issue.
 
9    Section 65. Prohibition on geofencing.
10    (a) It shall be unlawful for any person to implement a
11geofence that enables the sending of a notification, message,
12alert, or other piece of information to a consumer that enters
13the perimeter around any entity that provides health services.
14    (b) It shall be unlawful for any person to implement a
15geofence around any entity that provides in-person health care
16services where the geofence is used to identify, track, or
17collect data from a consumer that enters the virtual
18perimeter.
 
19    Section 70. Private right of action. Any person aggrieved
20by a violation of this Act shall have a right of action in a
21State circuit court or as a supplemental claim in federal
22district court against an offending party. A prevailing party
23may recover for each violation:
24        (1) against any offending party that negligently

 

 

SB3080- 23 -LRB103 38349 SPS 68484 b

1    violates a provision of this Act, liquidated damages of
2    $1,000 or actual damages, whichever is greater;
3        (2) against any offending party that intentionally or
4    recklessly violates a provision of this Act, liquidated
5    damages of $5,000 or actual damages, whichever is greater;
6        (3) reasonable attorney's fees and costs, including
7    expert witness fees and other litigation expenses; and
8        (4) other relief, including an injunction, as the
9    State or federal court may deem appropriate.
 
10    Section 75. Enforcement by the Attorney General. The
11Attorney General may enforce a violation of this Act as an
12unlawful practice under the Consumer Fraud and Deceptive
13Business Practices Act. All rights and remedies provided the
14Attorney General under the Consumer Fraud and Deceptive
15Business Practices Act shall be available for enforcement of a
16violation of this Act.
 
17    Section 80. Conflict with other laws.
18    (a) Nothing in this Act shall be construed to prohibit the
19lawful and authorized disclosure of health data by regulated
20entities to local health departments or State government
21agencies or by or among local health departments and State
22government agencies as may be required by State and federal
23law, including under the Adult Protective Services Act, the
24Abused and Neglected Child Reporting Act, the Criminal Code of

 

 

SB3080- 24 -LRB103 38349 SPS 68484 b

12012, and the Disclosure of Offenses Against Children Act.
2    (b) If any provision of this Act, or the application
3thereof to any person or circumstance, is held invalid, the
4remainder of this Act and the application of such provision to
5other persons not similarly situated or to other circumstances
6shall not be affected by the invalidation.
7    (c) This Act shall not apply to personal information
8collected, processed, sold, or disclosed subject to the
9federal Gramm-Leach-Bliley Act, Public Law 106-102, and
10implementing regulations.
 
11    Section 900. The Consumer Fraud and Deceptive Business
12Practices Act is amended by adding Section 2EEEE as follows:
 
13    (815 ILCS 505/2EEEE new)
14    Sec. 2EEEE. Violations of the Protect Health Data Privacy
15Act. Any person who violates the Protect Health Data Privacy
16Act commits an unlawful practice within the meaning of this
17Act.