Full Text of HB3449 100th General Assembly
HB3449 100TH GENERAL ASSEMBLY
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
Introduced , by Rep. Ann M. Williams
SYNOPSIS AS INTRODUCED:
815 ILCS 505/2Z
from Ch. 121 1/2, par. 262Z
Creates the Geolocation Privacy Protection Act. Defines "geolocation
information", "location-based application", and "private entity". Provides
that a private entity may not collect, use, store, or disclose geolocation
information from a location-based application on a person's device unless
the private entity first receives the person's affirmative express consent
after complying with specified notice requirements. Provides exceptions.
Provides that a person whose rights are violated may recover: (1)
liquidated damages of $1,000 or actual damages, whichever is greater; (2)
reasonable attorney's fees and costs; and (3) other relief, including an
injunction, as the court may deem appropriate. Provides that authority to
seek remedies and impose penalties granted to the Attorney General under
the Consumer Fraud and Deceptive Business Practices Act is also granted to
the Attorney General for the enforcement of the Geolocation Privacy
Protection Act. Provides that in any action brought by the Attorney General
to enforce the Act, the court may order that persons who incurred actual
damages be awarded 3 times the amount at which actual damages are assessed.
Provides that a violation of the Act constitutes an unlawful practice under
the Consumer Fraud and Deceptive Business Practices Act. Provides that the
provisions of the Act may not be waived. Contains applicability language.
Makes a corresponding change in the Consumer Fraud and Deceptive Business
Practices Act. Effective immediately.
A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Geolocation Privacy Protection Act.
As used in this Act:
"Geolocation information" means information that: (i) is
not the contents of a communication; (ii) is generated by or
derived from, in whole or in part, the operation of a mobile
device, including, but not limited to, a smart phone, tablet,
or laptop computer; and (iii) is sufficient to determine or
infer location of that device. "Geolocation information" does
not include Internet protocol addresses.
"Location-based application" means a software application
that collects, uses, or stores geolocation information.
"Private entity" means any individual, partnership,
corporation, limited liability company, association, or other
group, however organized. "Private entity" does not include any
Collection, use, storage, and disclosure of
geolocation information from location-based applications.
(a) A private entity may not collect, use, store, or
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disclose geolocation information from a location-based
application on a person's device unless the private entity
first receives the person's affirmative express consent after
providing clear, prominent, and accurate notice that:
(1) informs the person that his or her geolocation
information will be collected, used, or disclosed;
(2) informs the person in writing of the specific
purposes for which his or her geolocation information will
be collected, used, or disclosed; and
(3) provides the person a hyperlink or comparably
easily accessible means to access the information
specified in this subsection.
(b) A private entity may collect, use, or disclose
geolocation information from a location-based application on a
person's device without receiving affirmative express consent
if the collection or disclosure is:
(1) to allow a parent or legal guardian to locate an
unemancipated minor child;
(2) to allow a court-appointed guardian to locate a
legally incapacitated person; or
(3) for the provision of fire, medical, public safety,
or other emergency services.
(c) This Section applies to location-based applications
created or modified after the effective date of this Act.
Right of action.
A person whose rights under
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this Act are violated has a right of action against an
offending party and may recover:
(1) liquidated damages of $1,000 or actual damages,
whichever is greater;
(2) reasonable attorney's fees and costs; and
(3) other relief, including an injunction, as the court
may deem appropriate.
Enforcement by Attorney General.
(a) Authority to seek remedies and impose penalties granted
to the Attorney General under the Consumer Fraud and Deceptive
Business Practices Act is also granted to the Attorney General
for the enforcement of this Act. In any action brought by the
Attorney General to enforce this Act, the court may order that
persons who incurred actual damages be awarded 3 times the
amount at which actual damages are assessed.
(b) A violation of this Act constitutes an unlawful
practice under the Consumer Fraud and Deceptive Business
(a) Any waiver of the provisions of this Act is void and
(b) Any contract provision relating to the use of a
location-based application that does not comply with the
applicable provisions of this Act is void and unenforceable.
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This Act does not apply to: (i)
a health care provider or other covered entity subject to the
federal Health Insurance Portability and Accountability Act of
1996 and the rules promulgated thereunder; (ii) a financial
institution or an affiliate of a financial institution that is
subject to Title V of the federal Gramm-Leach-Bliley Act of
1999 and the rules promulgated thereunder; or (iii) a cable,
Internet, or telecommunications service provider.
The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2Z as follows:
(815 ILCS 505/2Z)
(from Ch. 121 1/2, par. 262Z)
Violations of other Acts.
Any person who knowingly
the Automotive Repair Act, the Automotive Collision
the Home Repair and Remodeling Act,
the Geolocation Privacy Protection Act,
Physical Fitness Services Act,
the Hearing Instrument Consumer
the Illinois Union Label Act,
the Job Referral
and Job Listing Services Consumer Protection Act,
Promotion Consumer Protection Act,
the Credit Services
the Automatic Telephone Dialers Act,
Pay-Per-Call Services Consumer Protection Act,
the Illinois Funeral or Burial Funds Act,
the Cemetery Oversight Act, the Cemetery Care Act,
the Safe and
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Hygienic Bed Act,
the Pre-Need Cemetery Sales Act,
Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage
Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of Section 3-10 of the
Cigarette Use Tax Act, the Electronic
Mail Act, the Internet
Caller Identification Act, paragraph (6)
subsection (k) of
Section 6-305 of the Illinois Vehicle Code, Section 11-1431,
18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the
Illinois Vehicle Code, Article 3 of the Residential Real
Property Disclosure Act, the Automatic Contract Renewal Act,
the Reverse Mortgage Act, Section 25 of the Youth Mental Health
Protection Act, or the Personal Information Protection Act
commits an unlawful practice within the meaning of this Act.
(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
This Act takes effect upon