Illinois General Assembly - Full Text of SB2353
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB2353  102nd General Assembly

SB2353 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2353

 

Introduced 2/26/2021, by Sen. Michael E. Hastings

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 530/10

    Amends the Personal Information Protection Act. Provides that data collectors that maintain or store, but do not own or license, computerized data that includes personal information and that are required to issue notice pursuant to this Section to the owner or licensee of the information that there has been a breach of the security of the data shall notify the Attorney General regarding the breach. Effective immediately.


LRB102 05119 JLS 15140 b

 

 

A BILL FOR

 

SB2353LRB102 05119 JLS 15140 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Personal Information Protection Act is
5amended by changing Section 10 as follows:
 
6    (815 ILCS 530/10)
7    Sec. 10. Notice of breach; notice to Attorney General.
8    (a) Any data collector that owns or licenses personal
9information concerning an Illinois resident shall notify the
10resident at no charge that there has been a breach of the
11security of the system data following discovery or
12notification of the breach. The disclosure notification shall
13be made in the most expedient time possible and without
14unreasonable delay, consistent with any measures necessary to
15determine the scope of the breach and restore the reasonable
16integrity, security, and confidentiality of the data system.
17The disclosure notification to an Illinois resident shall
18include, but need not be limited to, information as follows:
19        (1) With respect to personal information as defined in
20    Section 5 in paragraph (1) of the definition of "personal
21    information":
22            (A) the toll-free numbers and addresses for
23        consumer reporting agencies;

 

 

SB2353- 2 -LRB102 05119 JLS 15140 b

1            (B) the toll-free number, address, and website
2        address for the Federal Trade Commission; and
3            (C) a statement that the individual can obtain
4        information from these sources about fraud alerts and
5        security freezes.
6        (2) With respect to personal information defined in
7    Section 5 in paragraph (2) of the definition of "personal
8    information", notice may be provided in electronic or
9    other form directing the Illinois resident whose personal
10    information has been breached to promptly change his or
11    her user name or password and security question or answer,
12    as applicable, or to take other steps appropriate to
13    protect all online accounts for which the resident uses
14    the same user name or email address and password or
15    security question and answer.
16    The notification shall not, however, include information
17concerning the number of Illinois residents affected by the
18breach.
19    (b) Any data collector that maintains or stores, but does
20not own or license, computerized data that includes personal
21information that the data collector does not own or license
22shall notify the owner or licensee of the information of any
23breach of the security of the data immediately following
24discovery, if the personal information was, or is reasonably
25believed to have been, acquired by an unauthorized person. In
26addition to providing such notification to the owner or

 

 

SB2353- 3 -LRB102 05119 JLS 15140 b

1licensee, the data collector shall cooperate with the owner or
2licensee in matters relating to the breach. That cooperation
3shall include, but need not be limited to, (i) informing the
4owner or licensee of the breach, including giving notice of
5the date or approximate date of the breach and the nature of
6the breach, and (ii) informing the owner or licensee of any
7steps the data collector has taken or plans to take relating to
8the breach. The data collector's cooperation shall not,
9however, be deemed to require either the disclosure of
10confidential business information or trade secrets or the
11notification of an Illinois resident who may have been
12affected by the breach.
13    (b-5) The notification to an Illinois resident required by
14subsection (a) of this Section may be delayed if an
15appropriate law enforcement agency determines that
16notification will interfere with a criminal investigation and
17provides the data collector with a written request for the
18delay. However, the data collector must notify the Illinois
19resident as soon as notification will no longer interfere with
20the investigation.
21    (c) For purposes of this Section, notice to consumers may
22be provided by one of the following methods:
23        (1) written notice;
24        (2) electronic notice, if the notice provided is
25    consistent with the provisions regarding electronic
26    records and signatures for notices legally required to be

 

 

SB2353- 4 -LRB102 05119 JLS 15140 b

1    in writing as set forth in Section 7001 of Title 15 of the
2    United States Code; or
3        (3) substitute notice, if the data collector
4    demonstrates that the cost of providing notice would
5    exceed $250,000 or that the affected class of subject
6    persons to be notified exceeds 500,000, or the data
7    collector does not have sufficient contact information.
8    Substitute notice shall consist of all of the following:
9    (i) email notice if the data collector has an email
10    address for the subject persons; (ii) conspicuous posting
11    of the notice on the data collector's web site page if the
12    data collector maintains one; and (iii) notification to
13    major statewide media or, if the breach impacts residents
14    in one geographic area, to prominent local media in areas
15    where affected individuals are likely to reside if such
16    notice is reasonably calculated to give actual notice to
17    persons whom notice is required.
18    (d) Notwithstanding any other subsection in this Section,
19a data collector that maintains its own notification
20procedures as part of an information security policy for the
21treatment of personal information and is otherwise consistent
22with the timing requirements of this Act, shall be deemed in
23compliance with the notification requirements of this Section
24if the data collector notifies subject persons in accordance
25with its policies in the event of a breach of the security of
26the system data.

 

 

SB2353- 5 -LRB102 05119 JLS 15140 b

1    (e)(1) This subsection does not apply to data collectors
2that are covered entities or business associates and are in
3compliance with Section 50.
4    (2) Any data collector required to issue notice pursuant
5to this Section to more than 500 Illinois residents as a result
6of a single breach of the security system shall provide notice
7to the Attorney General of the breach, including:
8        (A) A description of the nature of the breach of
9    security or unauthorized acquisition or use.
10        (B) The number of Illinois residents affected by such
11    incident at the time of notification.
12        (C) Any steps the data collector has taken or plans to
13    take relating to the incident.
14    (3) Any data collector that maintains or stores, but does
15not own or license, computerized data that includes personal
16information and that is required to issue notice pursuant to
17this Section to the owner or licensee of the information that
18there has been a breach of the security of the data shall
19notify the Attorney General of the following:
20        (A) A description of the nature of the breach of
21    security or unauthorized acquisition or use.
22        (B) The number of Illinois residents affected by such
23    incident at the time of notification.
24        (C) Any steps the data collector has taken or plans to
25    take relating to the incident.
26    (4) Notifications required under paragraphs (2) and (3) of

 

 

SB2353- 6 -LRB102 05119 JLS 15140 b

1this subsection Such notification must be made in the most
2expedient time possible and without unreasonable delay but in
3no event later than when the data collector provides notice to
4consumers pursuant to this Section. If the date of the breach
5is unknown at the time the notice is sent to the Attorney
6General, the data collector shall send the Attorney General
7the date of the breach as soon as possible.
8    Upon receiving notification pursuant to paragraph (2) or
9(3) of this subsection from a data collector of a breach of
10personal information, the Attorney General may publish the
11name of the data collector that suffered the breach, the types
12of personal information compromised in the breach, and the
13date range of the breach.
14(Source: P.A. 100-201, eff. 8-18-17; 101-343, eff. 1-1-20.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.