Full Text of HB3358 101st General Assembly
HB3358ham001 101ST GENERAL ASSEMBLY | Rep. Arthur Turner Filed: 3/26/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3358
| 2 | | AMENDMENT NO. ______. Amend House Bill 3358 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Geolocation Privacy Protection Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Geolocation information" means information that: (i) is | 8 | | not the contents of a communication; (ii) is generated by or | 9 | | derived from, in whole or in part, the operation of a mobile | 10 | | device, including, but not limited to, a smart phone, tablet, | 11 | | or laptop computer; and (iii) is sufficient to determine or | 12 | | infer the precise location of that device. "Geolocation | 13 | | information" does not include Internet protocol addresses. | 14 | | "Location-based application" means a software application | 15 | | that is downloaded or installed onto a device and collects, | 16 | | uses, or stores geolocation information. |
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| 1 | | "Private entity" means any individual, partnership, | 2 | | corporation, limited liability company, association, or other | 3 | | group, however organized. "Private entity" does not include any | 4 | | governmental agency. | 5 | | "User" means a person who purchases or leases a device. | 6 | | Section 10. Collection, use, storage, and disclosure of | 7 | | geolocation information from location-based applications. | 8 | | (a) A private entity that owns, operates, or controls a | 9 | | location-based application on a user's device may not collect, | 10 | | use, store, or disclose geolocation information from a | 11 | | location-based application unless the private entity first | 12 | | receives the user's affirmative express consent after | 13 | | providing clear and accurate notice that: | 14 | | (1) informs the person that his or her geolocation | 15 | | information will be collected, used, or disclosed; | 16 | | (2) informs the person of the purpose or purposes for | 17 | | which his or her geolocation information will be collected | 18 | | or used; and | 19 | | (3) informs the person if his or her geolocation | 20 | | information will be disclosed and identifies the names or | 21 | | categories of private entities to which geolocation | 22 | | information may be disclosed. | 23 | | (b) A private entity may collect, use, store, or disclose | 24 | | geolocation information from a location-based application on a | 25 | | user's device without receiving affirmative express consent if |
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| 1 | | the collection, storage, or disclosure is: | 2 | | (1) to allow a parent or legal guardian to locate an | 3 | | unemancipated minor child; | 4 | | (2) to allow a court-appointed guardian to locate a | 5 | | legally incapacitated person; or | 6 | | (3) for the provision of fire, medical, public safety, | 7 | | or other emergency services. | 8 | | (c) This Section shall not apply to geolocation information | 9 | | that is stored locally and is not removed from a user's device. | 10 | | (d) A private entity need not obtain a person's affirmative | 11 | | express consent after the person's initial consent as described | 12 | | in subsection (a) has been obtained unless the terms previously | 13 | | agreed to under items (1), (2), and (3) of subsection (a) are | 14 | | materially changed. | 15 | | (e) This Section applies to location-based applications | 16 | | created or modified after the effective date of this Act. | 17 | | Section 15. Violation. A violation of this Act constitutes | 18 | | a violation of the Consumer Fraud and Deceptive Business | 19 | | Practices Act. | 20 | | Section 20. Waivers; contracts. | 21 | | (a) Any waiver of the provisions of this Act is void and | 22 | | unenforceable. | 23 | | (b) Any agreement created or modified after the effective | 24 | | date of this Act that does not comply with this Act is void and |
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| 1 | | unenforceable. | 2 | | Section 25. Applicability. This Act does not apply to: | 3 | | (1) a health care provider or other covered entity | 4 | | subject to the Federal Health Insurance Portability and | 5 | | Accountability Act of 1996 and the rules promulgated | 6 | | thereunder; | 7 | | (2) a financial institution or an affiliate of a | 8 | | financial institution that is subject to Title V of the | 9 | | federal Gramm-Leach-Bliley Act and the rules promulgated | 10 | | thereunder; | 11 | | (3) entities regulated under the Transportation | 12 | | Network Providers Act or any of their subsidiaries that | 13 | | own, operate, or control a location-based application, the | 14 | | sole function of which is to provide transportation | 15 | | services based on geolocation information, to the extent | 16 | | that these entities or their subsidiaries use the | 17 | | geolocation information for the sole purpose of providing a | 18 | | service requested by the individual or the use is otherwise | 19 | | consistent with that individual's reasonable expectations | 20 | | considering the context in which the individual provided | 21 | | the geolocation information to the private entity; or | 22 | | (4) the following entities and affiliates, as defined | 23 | | in 17 CFR 230.405, of any such entities: telecommunications | 24 | | carriers as defined in 13-202 of the Public Utilities Act | 25 | | and wireless carriers as defined in Section 2 of the |
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| 1 | | Emergency Telephone System Act. | 2 | | Section 90. The Consumer Fraud and Deceptive Business | 3 | | Practices Act is amended by changing Section 2Z as follows:
| 4 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| 5 | | Sec. 2Z. Violations of other Acts. Any person who knowingly | 6 | | violates
the Automotive Repair Act, the Automotive Collision | 7 | | Repair Act,
the Home Repair and Remodeling Act,
the Dance | 8 | | Studio Act, the Geolocation Privacy Protection Act,
the | 9 | | Physical Fitness Services Act,
the Hearing Instrument Consumer | 10 | | Protection Act,
the Illinois Union Label Act, the Installment | 11 | | Sales Contract Act,
the Job Referral and Job Listing Services | 12 | | Consumer Protection Act,
the Travel Promotion Consumer | 13 | | Protection Act,
the Credit Services Organizations Act,
the | 14 | | Automatic Telephone Dialers Act,
the Pay-Per-Call Services | 15 | | Consumer Protection Act,
the Telephone Solicitations Act,
the | 16 | | Illinois Funeral or Burial Funds Act,
the Cemetery Oversight | 17 | | Act, the Cemetery Care Act,
the Safe and Hygienic Bed Act,
the | 18 | | Illinois Pre-Need Cemetery Sales Act,
the High Risk Home Loan | 19 | | Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, | 20 | | subsection (a) or (b) of Section 3-10 of the
Cigarette Tax Act, | 21 | | subsection
(a) or (b) of Section 3-10 of the Cigarette Use Tax | 22 | | Act, the Electronic
Mail Act, the Internet Caller | 23 | | Identification Act, paragraph (6)
of
subsection (k) of Section | 24 | | 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, |
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| 1 | | 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois | 2 | | Vehicle Code, Article 3 of the Residential Real Property | 3 | | Disclosure Act, the Automatic Contract Renewal Act, the Reverse | 4 | | Mortgage Act, Section 25 of the Youth Mental Health Protection | 5 | | Act, the Personal Information Protection Act, or the Student | 6 | | Online Personal Protection Act commits an unlawful practice | 7 | | within the meaning of this Act.
| 8 | | (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, | 9 | | eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | 10 | | 100-863, eff. 8-14-18.)".
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