Full Text of HB3819 100th General Assembly
HB3819 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3819 Introduced , by Rep. Jaime M. Andrade, Jr. SYNOPSIS AS INTRODUCED: |
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Creates the Microphone-Enabled Devices Act. Contains legislative findings and defines terms. Requires that a private entity give written notice to and obtain the informed consent of a user before enabling the microphone in the user's device. Provides for a private right of action for damages, attorney's fees, and injunctive relief. Excludes State agencies and units of local government. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Microphone-Enabled Devices Act. | 6 | | Section 5. Legislative findings. The General Assembly | 7 | | finds all the following: | 8 | | (1) An increasing number of everyday household | 9 | | devices, such as smartphones, televisions, cars, toys, and | 10 | | home appliances, are being enhanced by speech recognition | 11 | | and other technologies that use microphones to listen for | 12 | | environmental triggers. As a result, private companies are | 13 | | gaining unprecedented and near constant access to | 14 | | consumers' private lives, including what they do in their | 15 | | homes and their daily habits. | 16 | | (2) While there are tremendous benefits from these | 17 | | technologies, many pose serious privacy risks to Illinois | 18 | | citizens. The increasing prevalence of these technologies | 19 | | in everyday devices enables companies to collect, store, | 20 | | analyze, and share increasing amounts of personal data, | 21 | | often without consumers ever knowing. | 22 | | (3) The public welfare, security, and safety will be | 23 | | served by regulating the use, collection, and sharing of |
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| 1 | | information derived from this technology. | 2 | | Section 10. Definitions. In this Act: | 3 | | "Digital device" means a smartphone, tablet, television, | 4 | | computer, car, toy, home appliance, or any other device that | 5 | | contains a microphone. | 6 | | "Private entity" means any individual, partnership, | 7 | | corporation, limited liability company, association, or other | 8 | | group, however organized. "Private entity" does not include a | 9 | | State or local government agency. | 10 | | "User" means a person who purchases, leases, or otherwise | 11 | | regularly uses a digital device. | 12 | | Section 15. Collection, use, storage, or disclosure of | 13 | | information from a digital device's microphone. No private | 14 | | entity may turn on or enable, cause to be turned on or enabled, | 15 | | or otherwise use a digital device's microphone to listen or | 16 | | collect information unless it first: | 17 | | (1) informs the user in writing that the microphone in | 18 | | the user's digital device will be turned on, enabled, or | 19 | | used; | 20 | | (2) informs the user in writing of the frequency and | 21 | | length of time the microphone will be turned on, enabled, | 22 | | or used; | 23 | | (3) informs the user in writing of the specific | 24 | | categories of information the microphone will be listening |
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| 1 | | for, collecting, and storing; | 2 | | (4) informs the user in writing of the specific purpose | 3 | | for which the information will be collected, used, stored, | 4 | | and disclosed; and | 5 | | (5) receives the informed, written consent (including | 6 | | through an electronic means using the Internet) of the | 7 | | user, or the user's authorized agent, representative, or | 8 | | guardian, that: | 9 | | (A) is in a form distinct and separate from any | 10 | | form setting forth other legal or financial | 11 | | obligations of the user; and | 12 | | (B) is given at the time the microphone will be | 13 | | turned on, enabled or used, or in advance for a set | 14 | | period of time or until consent is withdrawn by the | 15 | | user, whichever is sooner. | 16 | | Section 20. Right of action. Any user whose rights under | 17 | | this Act are violated shall have a right of action against an | 18 | | offending party and may recover: | 19 | | (1) liquidated damages of $5,000 or actual damages, | 20 | | whichever are greater; | 21 | | (2) reasonable attorney's fees and costs; and | 22 | | (3) other relief, including an injunction, as the court | 23 | | may deem appropriate. | 24 | | Section 25. Applicability of Act; waiver. |
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| 1 | | (a) Any waiver of the provisions of this Act shall be void | 2 | | and unenforceable. | 3 | | (b) Any agreement that does not comply with the applicable | 4 | | provisions of this Act is void and unenforceable. | 5 | | (c) Nothing in this Act shall be construed to apply to a | 6 | | contractor, subcontractor, or agent of a State agency or unit | 7 | | of local government when working for that State agency or unit | 8 | | of local government.
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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