Illinois General Assembly - Full Text of HB2937
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Full Text of HB2937  102nd General Assembly

HB2937 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2937

 

Introduced 2/19/2021, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 90/1-10
705 ILCS 90/2-5

    Amends the Judicial Privacy Act. Defines "internet data aggregator". Provides that it shall additionally be unlawful for an internet data aggregator to sell, license, trade, purchase, or otherwise provide or make available for consideration a judicial officer's personally identifiable information, regardless of intent, if the judicial officer has properly made a written request to not disclose the personal information.


LRB102 14753 LNS 20106 b

 

 

A BILL FOR

 

HB2937LRB102 14753 LNS 20106 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Judicial Privacy Act is amended by changing
5Sections 1-10 and 2-5 as follows:
 
6    (705 ILCS 90/1-10)
7    Sec. 1-10. Definitions. As used in this Act:
8    "Government agency" includes all agencies, authorities,
9boards, commissions, departments, institutions, offices, and
10any other bodies politic and corporate of the State created by
11the constitution or statute, whether in the executive,
12judicial, or legislative branch; all units and corporate
13outgrowths created by executive order of the Governor or any
14constitutional officer, by the Supreme Court, or by resolution
15of the General Assembly; or agencies, authorities, boards,
16commissions, departments, institutions, offices, and any other
17bodies politic and corporate of a unit of local government, or
18school district.
19    "Home address" includes a judicial officer's permanent
20residence and any secondary residences affirmatively
21identified by the judicial officer, but does not include a
22judicial officer's work address.
23    "Immediate family" includes a judicial officer's spouse,

 

 

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1child, parent, or any blood relative of the judicial officer
2or the judicial officer's spouse who lives in the same
3residence.
4    "Internet data aggregator" means a commercial entity that
5collects, assembles, or maintains personal information
6concerning an individual who is not a customer or an employee
7of that entity in order to sell the information or provide
8third-party access to the information.
9    "Judicial officer" includes actively employed and former
10or deceased:
11        (1) Justices of the United States Supreme Court and
12    the Illinois Supreme Court;
13        (2) Judges of the United States Court of Appeals;
14        (3) Judges and magistrate judges of the United States
15    District Court;
16        (4) Judges of the United States Bankruptcy Court;
17        (5) Judges of the Illinois Appellate Court; and
18        (6) Judges and associate judges of the Illinois
19    Circuit Courts.
20    "Personal information" means a home address, home
21telephone number, mobile telephone number, pager number,
22personal email address, social security number, federal tax
23identification number, checking and savings account numbers,
24credit card numbers, marital status, and identity of children
25under the age of 18.
26    "Publicly available content" means any written, printed,

 

 

HB2937- 3 -LRB102 14753 LNS 20106 b

1or electronic document or record that provides information or
2that serves as a document or record maintained, controlled, or
3in the possession of a government agency that may be obtained
4by any person or entity, from the Internet, from the
5government agency upon request either free of charge or for a
6fee, or in response to a request under the Freedom of
7Information Act.
8    "Publicly post" or "publicly display" means to communicate
9to another or otherwise make available to the general public.
10    "Written request" means written notice signed by a
11judicial officer or a representative of the judicial officer's
12employer requesting a government agency, person, business, or
13association to refrain from posting or displaying publicly
14available content that includes the judicial officer's
15personal information.
16(Source: P.A. 100-98, eff. 8-11-17.)
 
17    (705 ILCS 90/2-5)
18    Sec. 2-5. Publicly posting a judicial officer's personal
19information on the Internet by persons, businesses, and
20associations.
21    (a) Prohibited Conduct.
22        (1) All persons, businesses, and associations shall
23    refrain from publicly posting or displaying on the
24    Internet publicly available content that includes a
25    judicial officer's personal information, provided that the

 

 

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1    judicial officer has made a written request to the person,
2    business, or association that it refrain from disclosing
3    the personal information.
4        (2) No person, business, or association shall solicit,
5    sell, or trade on the Internet a judicial officer's
6    personal information with the intent to pose an imminent
7    and serious threat to the health and safety of the
8    judicial officer or the judicial officer's immediate
9    family. It shall additionally be unlawful for an Internet
10    data aggregator to sell, license, trade, purchase, or
11    otherwise provide or make available for consideration a
12    judicial officer's personally identifiable information,
13    regardless of intent, if the judicial officer has properly
14    made a written request to not disclose the personal
15    information.
16        (3) This subsection includes, but is not limited to,
17    Internet phone directories, Internet search engines,
18    Internet data aggregators, and Internet service providers.
19    (b) Required Conduct.
20        (1) After a person, business, or association has
21    received a written request from a judicial officer to
22    protect the privacy of the officer's personal information,
23    that person, business, or association shall have 72 hours
24    to remove the personal information from the Internet.
25        (2) After a person, business, or association has
26    received a written request from a judicial officer, that

 

 

HB2937- 5 -LRB102 14753 LNS 20106 b

1    person, business, or association shall ensure that the
2    judicial officer's personal information is not made
3    available on any website or subsidiary website controlled
4    by that person, business, or association.
5        (3) After receiving a judicial officer's written
6    request, no person, business, or association shall
7    transfer the judicial officer's personal information to
8    any other person, business, or association through any
9    medium.
10    (c) Redress.
11        A judicial officer whose personal information is made
12    public as a result of a violation of this Act may bring an
13    action seeking injunctive or declaratory relief in any
14    court of competent jurisdiction. If the court grants
15    injunctive or declaratory relief, the person, business, or
16    association responsible for the violation shall be
17    required to pay the judicial officer's costs and
18    reasonable attorney's fees.
19(Source: P.A. 97-847, eff. 9-22-12.)