SB1833ham002 99TH GENERAL ASSEMBLY

Rep. Ann Williams

Filed: 5/15/2015

09900SB1833ham002 LRB099 09064 JLS 35574 a

AMENDMENT TO SENATE BILL 1833

AMENDMENT NO. ______. Amend Senate Bill 1833 on page 1 by replacing line 5 with the following: "amended by changing Sections 5, 10, and 12 and adding Sections 45,"; and

on page 1, line 6, by changing "and 50" to "50, and 55"; and

on page 2, line 4, by changing "history." to "history, including, but not limited to, consumer profiles that are based upon the information. "Consumer marketing information" does not include information related to a consumer's online browsing history, online search history, or purchasing history held by a data collector that has a direct relationship with the consumer."; and

on page 2, line 7, by changing "is" to "is stored and"; and

on page 2, line 8, by changing "the device" to "an individual"; and

on page 2, line 9, by changing "located" to "located and the information is likely to enable someone to determine an individual's regular pattern of behavior"; and

on page 3, line 14, by changing "data" to "data generated from measurements or technical analysis of human body characteristics that could be used to identify an individual"; and

on page 3 by replacing lines 20 through 24 with the following:

"(I) Home address, telephone number, and email address in combination with either:

(i) mother's maiden name when not part of an individual's surname; or

(ii) month, day, and year of birth."; and

on page 5, line 2, by changing "information"" to "information", excluding geolocation information and consumer marketing information"; and

on page 8, line 4, by changing "that" to "that owns or licenses personal information and"; and

on page 8, line 9, by changing "A description of the" to "The types of"; and

on page 8, line 20, by changing "2 days before" to "when"; and

on page 9, line 12, by changing "A description of the" to "The types of"; and

on page 10 by replacing lines 10 through 18 with the following:

"(f) Upon receiving notification from a data collector of a breach of personal information, the Attorney General may publish the name of the data collector that suffered the breach, the types of personal information compromised in the breach, and the date range of the breach."; and

on page 10 by inserting immediately below line 19 the following:

"(815 ILCS 530/12)

Sec. 12. Notice of breach; State agency.

(a) Any State agency that collects personal information, excluding geolocation and consumer marketing information, concerning an Illinois resident shall notify the resident at no charge that there has been a breach of the security of the system data or written material following discovery or notification of the breach. The disclosure notification shall be made in the most expedient time possible and without unreasonable delay, consistent with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the data system. The disclosure notification to an Illinois resident shall include, but need not be limited to information as follows:

(1) With respect to personal information defined in Section 5 in paragraph (1) of the definition of "personal information": ,

(i) the toll-free numbers and addresses for consumer reporting agencies; ,

(ii) the toll-free number, address, and website address for the Federal Trade Commission; , and

(iii) a statement that the individual can obtain information from these sources about fraud alerts and security freezes.

(2) With respect to personal information as defined in Section 5 in paragraph (2) of the definition of "personal information", notice may be provided in electronic or other form directing the Illinois resident whose personal information has been breached to promptly change his or her user name or password and security question or answer, as applicable, or to take other steps appropriate to protect all online accounts for which the resident uses the same user name or email address and password or security question and answer.

The notification shall not, however, include information concerning the number of Illinois residents affected by the breach.

(a-5) The notification to an Illinois resident required by subsection (a) of this Section may be delayed if an appropriate law enforcement agency determines that notification will interfere with a criminal investigation and provides the State agency with a written request for the delay. However, the State agency must notify the Illinois resident as soon as notification will no longer interfere with the investigation.

(b) For purposes of this Section, notice to residents may be provided by one of the following methods:

(1) written notice;

(2) electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures for notices legally required to be in writing as set forth in Section 7001 of Title 15 of the United States Code; or

(3) substitute notice, if the State agency demonstrates that the cost of providing notice would exceed $250,000 or that the affected class of subject persons to be notified exceeds 500,000, or the State agency does not have sufficient contact information. Substitute notice shall consist of all of the following: (i) email notice if the State agency has an email address for the subject persons; (ii) conspicuous posting of the notice on the State agency's web site page if the State agency maintains one; and (iii) notification to major statewide media.

(c) Notwithstanding subsection (b), a State agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this Act shall be deemed in compliance with the notification requirements of this Section if the State agency notifies subject persons in accordance with its policies in the event of a breach of the security of the system data or written material.

(d) If a State agency is required to notify more than 1,000 persons of a breach of security pursuant to this Section, the State agency shall also notify, without unreasonable delay, all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis, as defined by 15 U.S.C. Section 1681a(p), of the timing, distribution, and content of the notices. Nothing in this subsection (d) shall be construed to require the State agency to provide to the consumer reporting agency the names or other personal identifying information of breach notice recipients.

(e) Notice to Attorney General.

(1) Any State agency that suffers a single breach of the security of the data concerning the personal information of more than 250 Illinois residents shall provide notice to the Attorney General of the breach, including:

(A) The types of personal information compromised in the breach.

(B) The number of Illinois residents affected by such incident at the time of notification.

(C) Any steps the State agency has taken or plans to take relating to notification of the breach to consumers.

(D) The date and timeframe of the breach, if known at the time notification is provided.

Such notification must be made within 30 business days of the State agency's discovery of the security breach or when the State agency provides any notice to consumers required by this Section, whichever is sooner, unless the State agency has good cause for reasonable delay to determine the scope of the breach and restore the integrity, security, and confidentiality of the data system, or when law enforcement requests in writing to withhold disclosure of some or all of the information required in the notification under this Section. If the date or timeframe of the breach is unknown at the time the notice is sent to the Attorney General, the State agency shall send the Attorney General the date or timeframe of the breach as soon as possible.

(Source: P.A. 97-483, eff. 1-1-12.)"; and

on page 11 by deleting lines 17 through 22; and

on page 11, line 23, by changing "(e)" to "(d)"; and

on page 13, line 23, by replacing "online service" with ", in the case of an operator of an online service, make the policy available in accordance with paragraph (5) of subsection (a) of this Section"; and

on page 15 by inserting immediately below line 10 the following:

"(815 ILCS 530/55 new)

Sec. 55. Entities subject to the federal Health Insurance Portability and Accountability Act of 1996. Any covered entity or business associate that is subject to and in compliance with the privacy and security standards for the protection of electronic health information established pursuant to the federal Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act shall be deemed to be in compliance with the provisions of this Act, provided that any covered entity or business associate required to provide notification of a breach to the Secretary of Health and Human Services pursuant to the Health Information Technology for Economic and Clinical Health Act also provides such notification to the Attorney General within 5 business days of notifying the Secretary.".