Bill Text: IL HB3449 | 2017-2018 | 100th General Assembly | Veto Message

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 41-1)

Status: (Failed) 2017-10-27 - Total Veto Stands - No Positive Action Taken [HB3449 Detail]

Download: Illinois-2017-HB3449-Veto_Message.html

September 22, 2017

To the Honorable Members of

The Illinois House of Representatives,

100th General Assembly:

Today I veto House Bill 3449 from the 100th General Assembly, which would add an unnecessary and byzantine layer of state regulation to the use of most electronic devices by mandating additional prohibitions and penalties.

Protection of consumer privacy is an important goal that I fully support, but this legislation only serves to make things unnecessarily complicated where federal privacy regulations are the proper format for uniform and consistent consumer protections across the country.

The Federal Trade Commission (FTC) already has the broad powers granted to it in Federal Statute 15 U.S.C. §§46 (a) to protect various aspects of consumer privacy in a uniform manner across the United States, and the commerce clause in the Constitution assigns the power to regulate interstate commerce to the U.S. Congress. If further privacy legislation is required, it should be enacted by the U.S. House and U.S. Senate. In addition to federal legal protections, consumers already have full control of geolocation data capture in their device settings through most operating systems, or by limiting access within specific applications they choose to utilize on their devices. Consumers also have the freedom to demand software products with more protective terms and End User License Agreements.

To the degree that there is company abuse of these laws and policies, such as tracking people without their consent or hiding collection and disclosure practices, the solution is not yet another layer of state government rules and bureaucracy, but instead the enforcement by the Federal Trade Commission of existing laws or enforcement of existing policies by creators and distributors of digital applications.

This bill would result in job loss across the state without materially improving privacy protections for Illinoisans or making devices and their apps safer for children. The addition of this policy to Illinois’ existing burden of red tape will hurt Illinois’ growing reputation as a destination for innovation-based job creation.

Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return House Bill 3449 entitled “AN ACT concerning business”, with the foregoing objections, vetoed in its entirety.


Bruce Rauner