Illinois General Assembly - Full Text of HB3449
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Full Text of HB3449  100th General Assembly


Rep. Ann M. Williams

Filed: 3/24/2017





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2    AMENDMENT NO. ______. Amend House Bill 3449 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the
5Geolocation Privacy Protection Act.
6    Section 5. Definitions. As used in this Act:
7    "Geolocation information" means information that: (i) is
8not the contents of a communication; (ii) is generated by or
9derived from, in whole or in part, the operation of a mobile
10device, including, but not limited to, a smart phone, tablet,
11or laptop computer; and (iii) is sufficient to determine or
12infer location of that device. "Geolocation information" does
13not include Internet protocol addresses.
14    "Location-based application" means a software application
15that collects, uses, or stores geolocation information.
16    "Private entity" means any individual, partnership,



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1corporation, limited liability company, association, or other
2group, however organized. "Private entity" does not include any
3governmental agency.
4    Section 10. Collection, use, storage, and disclosure of
5geolocation information from location-based applications.
6    (a) A private entity may not collect, use, store, or
7disclose geolocation information from a location-based
8application on a person's device unless the private entity
9first receives the person's affirmative express consent after
10providing clear, prominent, and accurate notice that:
11        (1) informs the person that his or her geolocation
12    information will be collected, used, or disclosed;
13        (2) informs the person in writing of the specific
14    purposes for which his or her geolocation information will
15    be collected, used, or disclosed; and
16        (3) provides the person a hyperlink or comparably
17    easily accessible means to access the information
18    specified in this subsection.
19    (b) A private entity may collect, use, or disclose
20geolocation information from a location-based application on a
21person's device without receiving affirmative express consent
22if the collection or disclosure is:
23        (1) to allow a parent or legal guardian to locate an
24    unemancipated minor child;
25        (2) to allow a court-appointed guardian to locate a



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1    legally incapacitated person; or
2        (3) for the provision of fire, medical, public safety,
3    or other emergency services.
4    (c) This Section applies to location-based applications
5created or modified after the effective date of this Act.
6    Section 15. Violation; right of action. A violation of this
7Act constitutes a violation of the Consumer Fraud and Deceptive
8Business Practices Act. A person whose rights under this Act
9are violated has, in addition to any rights under the Consumer
10Fraud and Deceptive Business Practices Act, a right of action
11to seek injunctive relief, if appropriate.
12    Section 20. Waivers; contracts.
13    (a) Any waiver of the provisions of this Act is void and
15    (b) Any contract relating to the use of a location-based
16application that does not comply with the applicable provisions
17of this Act is void and unenforceable.
18    Section 25. Applicability. This Act does not apply to: (i)
19a health care provider or other covered entity subject to the
20federal Health Insurance Portability and Accountability Act of
211996 and the rules promulgated thereunder; (ii) a financial
22institution or an affiliate of a financial institution that is
23subject to Title V of the federal Gramm-Leach-Bliley Act of



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11999 and the rules promulgated thereunder; (iii) an Internet,
2wireless, or telecommunications service provider; (iv) a cable
3or video service provider under Article XXI of the Public
4Utilities Act; or (v) a person licensed as a private detective
5under the Private Detective, Private Alarm, Private Security,
6Fingerprint Vendor, and Locksmith Act of 2004.
7    Section 90. The Consumer Fraud and Deceptive Business
8Practices Act is amended by changing Section 2Z as follows:
9    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
10    Sec. 2Z. Violations of other Acts. Any person who knowingly
11violates the Automotive Repair Act, the Automotive Collision
12Repair Act, the Home Repair and Remodeling Act, the Dance
13Studio Act, the Geolocation Privacy Protection Act, the
14Physical Fitness Services Act, the Hearing Instrument Consumer
15Protection Act, the Illinois Union Label Act, the Job Referral
16and Job Listing Services Consumer Protection Act, the Travel
17Promotion Consumer Protection Act, the Credit Services
18Organizations Act, the Automatic Telephone Dialers Act, the
19Pay-Per-Call Services Consumer Protection Act, the Telephone
20Solicitations Act, the Illinois Funeral or Burial Funds Act,
21the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
22Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High
23Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage
24Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the



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1Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the
2Cigarette Use Tax Act, the Electronic Mail Act, the Internet
3Caller Identification Act, paragraph (6) of subsection (k) of
4Section 6-305 of the Illinois Vehicle Code, Section 11-1431,
518d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the
6Illinois Vehicle Code, Article 3 of the Residential Real
7Property Disclosure Act, the Automatic Contract Renewal Act,
8the Reverse Mortgage Act, Section 25 of the Youth Mental Health
9Protection Act, or the Personal Information Protection Act
10commits an unlawful practice within the meaning of this Act.
11(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
12eff. 7-28-16.)
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".