Bill Text: IL HB3910 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Creates the Consumer Privacy Act. Provides that a consumer has the right to request that a business that collects the consumer's personal information disclose to that consumer the categories and specific pieces of personal information the business has collected. Requires a business to, at or before the point of collection, inform a consumer as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. Requires the business to provide notice when collecting additional categories of personal information or when using a consumer's personal information for additional purposes. Provides that a consumer has the right to request that a business delete any personal information about the consumer which the business has collected from the consumer, with some exceptions. Requires a business that collects or sells a consumer's personal information to make certain disclosures to the consumer upon receipt of a verifiable consumer request. Provides that a consumer has the right, at any time, to opt out of the sale of his or her personal information to third parties. Prohibits a business from discriminating against a consumer who exercises any of the rights established under the Act by denying goods or services or charging the consumer different prices or rates for goods or services. Permits a business to provide financial incentives to a consumer that authorizes the sale of his or her personal information. Contains provisions concerning deadlines for processing a consumer's disclosure request; categories of personal information that must be disclosed; notice requirements; consumer information that is not subject to the Act's requirements; civil penalties for violations of the Act; and other matters. Amends the State Finance Act. Creates the Consumer Privacy Fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3910 Detail]

Download: Illinois-2021-HB3910-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3910

Introduced , by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.935 new

Creates the Consumer Privacy Act. Provides that a consumer has the right to request that a business that collects the consumer's personal information disclose to that consumer the categories and specific pieces of personal information the business has collected. Requires a business to, at or before the point of collection, inform a consumer as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. Requires the business to provide notice when collecting additional categories of personal information or when using a consumer's personal information for additional purposes. Provides that a consumer has the right to request that a business delete any personal information about the consumer which the business has collected from the consumer, with some exceptions. Requires a business that collects or sells a consumer's personal information to make certain disclosures to the consumer upon receipt of a verifiable consumer request. Provides that a consumer has the right, at any time, to opt out of the sale of his or her personal information to third parties. Prohibits a business from discriminating against a consumer who exercises any of the rights established under the Act by denying goods or services or charging the consumer different prices or rates for goods or services. Permits a business to provide financial incentives to a consumer that authorizes the sale of his or her personal information. Contains provisions concerning deadlines for processing a consumer's disclosure request; categories of personal information that must be disclosed; notice requirements; consumer information that is not subject to the Act's requirements; civil penalties for violations of the Act; and other matters. Amends the State Finance Act. Creates the Consumer Privacy Fund.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning business.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5Consumer Privacy Act.
6 Section 5. Definitions. As used in this Act:
7 (a) "Aggregate consumer information" means information
8that relates to a group or category of consumers, from which
9individual consumer identities have been removed, that is not
10linked or reasonably linkable to any consumer or household,
11including via a device. "Aggregate consumer information" does
12not mean one or more individual consumer records that have
13been deidentified.
14 (b) "Biometric information" means an individual's
15physiological, biological, or behavioral characteristics,
16including an individual's deoxyribonucleic acid, that can be
17used, singly or in combination with each other or with other
18identifying data, to establish individual identity. "Biometric
19information" includes, but is not limited to, imagery of the
20iris, retina, fingerprint, face, hand, palm, vein patterns,
21and voice recordings, from which an identifier template, such
22as a faceprint, a minutiae template, or a voiceprint, can be
23extracted, and keystroke patterns or rhythms, gait patterns or

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1rhythms, and sleep, health, or exercise data that contain
2identifying information.
3 (c) "Business" means:
4 (1) A sole proprietorship, partnership, limited
5 liability company, corporation, association, or other
6 legal entity that is organized or operated for the profit
7 or financial benefit of its shareholders or other owners,
8 that collects consumers' personal information, or on
9 behalf of which such information is collected and that
10 alone, or jointly with others, determines the purposes and
11 means of the processing of consumers' personal
12 information, that does business in this State, and that
13 satisfies one or more of the following thresholds:
14 (A) Has annual gross revenues in excess of
15 $25,000,000, as adjusted in accordance with paragraph
16 (5) of subsection (a) of Section 80.
17 (B) Alone or in combination, annually buys,
18 receives for the business's commercial purposes,
19 sells, or shares for commercial purposes, alone or in
20 combination, the personal information of 50,000 or
21 more consumers, households, or devices.
22 (C) Derives 50% or more of its annual revenues
23 from selling consumers' personal information.
24 (2) Any entity that controls or is controlled by a
25 business, as defined in paragraph (1), and that shares
26 common branding with the business. "Control" or

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1 "controlled" means ownership of, or the power to vote,
2 more than 50% of the outstanding shares of any class of
3 voting security of a business; control in any manner over
4 the election of a majority of the directors, or of
5 individuals exercising similar functions; or the power to
6 exercise a controlling influence over the management of a
7 company. "Common branding" means a shared name,
8 servicemark, or trademark.
9 (d) "Business purpose" means the use of personal
10information for the business's or a service provider's
11operational purposes, or other notified purposes, provided
12that the use of personal information is reasonably necessary
13and proportionate to achieve the operational purpose for which
14the personal information was collected or processed or for
15another operational purpose that is compatible with the
16context in which the personal information was collected.
17Business purposes are:
18 (1) Auditing related to a current interaction with the
19 consumer and concurrent transactions, including, but not
20 limited to, counting ad impressions to unique visitors,
21 verifying positioning and quality of ad impressions, and
22 auditing compliance with this specification and other
23 standards.
24 (2) Detecting security incidents, protecting against
25 malicious, deceptive, fraudulent, or illegal activity, and
26 prosecuting those responsible for that activity.

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1 (3) Debugging to identify and repair errors that
2 impair existing intended functionality.
3 (4) Short-term, transient use, provided the personal
4 information that is not disclosed to another third party
5 and is not used to build a profile about a consumer or
6 otherwise alter an individual consumer's experience
7 outside the current interaction, including, but not
8 limited to, the contextual customization of ads shown as
9 part of the same interaction.
10 (5) Performing services on behalf of the business or
11 service provider, including maintaining or servicing
12 accounts, providing customer service, processing or
13 fulfilling orders and transactions, verifying customer
14 information, processing payments, providing financing,
15 providing advertising or marketing services, providing
16 analytic services, or providing similar services on behalf
17 of the business or service provider.
18 (6) Undertaking internal research for technological
19 development and demonstration.
20 (7) Undertaking activities to verify or maintain the
21 quality or safety of a service or device that is owned,
22 manufactured, manufactured for, or controlled by the
23 business, and to improve, upgrade, or enhance the service
24 or device that is owned, manufactured, manufactured for,
25 or controlled by the business.
26 (e) "Collects", "collected", or "collection" means buying,

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1renting, gathering, obtaining, receiving, or accessing any
2personal information pertaining to a consumer by any means.
3This includes receiving information from the consumer, either
4actively or passively, or by observing the consumer's
5behavior.
6 (f) "Commercial purposes" means to advance a person's
7commercial or economic interests, such as by inducing another
8person to buy, rent, lease, join, subscribe to, provide, or
9exchange products, goods, property, information, or services,
10or enabling or effecting, directly or indirectly, a commercial
11transaction. "Commercial purposes" do not include for the
12purpose of engaging in speech that State or federal courts
13have recognized as noncommercial speech, including political
14speech and journalism.
15 (g) "Consumer" means a natural person who is an Illinois
16resident, as defined in Section 5 of the Hospital Uninsured
17Patient Discount Act, however identified, including by any
18unique identifier.
19 (h) "Deidentified" means information that cannot
20reasonably identify, relate to, describe, be capable of being
21associated with, or be linked, directly or indirectly, to a
22particular consumer, provided that a business that uses
23deidentified information:
24 (1) Has implemented technical safeguards that prohibit
25 reidentification of the consumer to whom the information
26 may pertain.

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1 (2) Has implemented business processes that
2 specifically prohibit reidentification of the information.
3 (3) Has implemented business processes to prevent
4 inadvertent release of deidentified information.
5 (4) Makes no attempt to reidentify the information.
6 (i) "Designated methods for submitting requests" means a
7mailing address, email address, Internet web page, Internet
8web portal, toll-free telephone number, or other applicable
9contact information whereby consumers may submit a request or
10direction under this Act, and any new, consumer-friendly means
11of contacting a business, as approved by the Attorney General
12under Section 80.
13 (j) "Device" means any physical object that is capable of
14connecting to the Internet, directly or indirectly, or to
15another device.
16 (k) "Health insurance information" means a consumer's
17insurance policy number or subscriber identification number,
18any unique identifier used by a health insurer to identify the
19consumer, or any information in the consumer's application and
20claims history, including any appeals records, if the
21information is linked or reasonably linkable to a consumer or
22household, including via a device, by a business or service
23provider.
24 (l) "Homepage" means the introductory page of a website
25and any Internet web page where personal information is
26collected. In the case of an online service, such as a mobile

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1application, "homepage" means the application's platform page
2or download page, a link within the application, such as from
3the application configuration, "About", "Information", or
4settings page, and any other location that allows consumers to
5review the notice required by subsection (a) of Section 50,
6including, but not limited to, before downloading the
7application.
8 (m) "Infer" or "inference" means the derivation of
9information, data, assumptions, or conclusions from facts,
10evidence, or another source of information or data.
11 (n) "Person" means an individual, proprietorship, firm,
12partnership, joint venture, syndicate, business trust,
13company, corporation, limited liability company, association,
14committee, and any other organization or group of persons
15acting in concert.
16 (o)(1) "Personal information" means information that
17identifies, relates to, describes, is capable of being
18associated with, or could reasonably be linked, directly or
19indirectly, with a particular consumer or household. "Personal
20information" includes, but is not limited to, the following if
21it identifies, relates to, describes, is capable of being
22associated with, or could be reasonably linked, directly or
23indirectly, with a particular consumer or household:
24 (A) Identifiers such as a real name, alias, postal
25 address, unique personal identifier, online identifier,
26 Internet Protocol address, email address, account name,

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1 social security number, driver's license number, passport
2 number, or other similar identifiers.
3 (B) Any personal information that identifies, relates
4 to, describes, or is capable of being associated with, a
5 particular individual, including, but not limited to, his
6 or her name, signature, social security number, physical
7 characteristics or description, address, telephone number,
8 passport number, driver's license or State identification
9 card number, insurance policy number, education,
10 employment, employment history, bank account number,
11 credit card number, debit card number, or any other
12 financial information, medical information, or health
13 insurance information. "Personal information" does not
14 include publicly available information that is lawfully
15 made available to the general public from federal, State,
16 or local government records.
17 (C) Characteristics of protected classifications under
18 State or federal law.
19 (D) Commercial information, including records of
20 personal property, products or services purchased,
21 obtained, or considered, or other purchasing or consuming
22 histories or tendencies.
23 (E) Biometric information.
24 (F) Internet or other electronic network activity
25 information, including, but not limited to, browsing
26 history, search history, and information regarding a

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1 consumer's interaction with an Internet website,
2 application, or advertisement.
3 (G) Geolocation data.
4 (H) Audio, electronic, visual, thermal, olfactory, or
5 similar information.
6 (I) Professional or employment-related information.
7 (J) Education information, defined as information that
8 is not publicly available personally identifiable
9 information as defined in the Family Educational Rights
10 and Privacy Act (20 U.S.C. 1232g; 34 CFR Part 99).
11 (K) Inferences drawn from any of the information
12 identified in this subsection to create a profile about a
13 consumer reflecting the consumer's preferences,
14 characteristics, psychological trends, predispositions,
15 behavior, attitudes, intelligence, abilities, and
16 aptitudes.
17 (2) "Personal information" does not include publicly
18available information. For purposes of this subsection,
19"publicly available" means information that is lawfully made
20available from federal, State, or local government records, if
21any conditions associated with such information. "Publicly
22available" does not mean biometric information collected by a
23business about a consumer without the consumer's knowledge.
24Information is not publicly available if that data is used for
25a purpose that is not compatible with the purpose for which the
26data is maintained and made available in the government

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1records or for which it is publicly maintained. "Publicly
2available" does not include consumer information that is
3deidentified or aggregate consumer information.
4 (p) "Probabilistic identifier" means the identification of
5a consumer or a device to a degree of certainty of more
6probable than not based on any categories of personal
7information included in, or similar to, the categories
8enumerated in the definition of personal information.
9 (q) "Processing" means any operation or set of operations
10that are performed on personal data or on sets of personal
11data, whether or not by automated means.
12 (r) "Pseudonymize" or "pseudonymization" means the
13processing of personal information in a manner that renders
14the personal information no longer attributable to a specific
15consumer without the use of additional information, provided
16that the additional information is kept separately and is
17subject to technical and organizational measures to ensure
18that the personal information is not attributed to an
19identified or identifiable consumer.
20 (s) "Research" means scientific, systematic study and
21observation, including basic research or applied research that
22is in the public interest and that adheres to all other
23applicable ethics and privacy laws or studies conducted in the
24public interest in the area of public health. Research with
25personal information that may have been collected from a
26consumer in the course of the consumer's interactions with a

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1business's service or device for other purposes:
2 (1) Shall be compatible with the business purpose for
3 which the personal information was collected.
4 (2) Shall be subsequently pseudonymized and
5 deidentified, or deidentified and in the aggregate, such
6 that the information cannot reasonably identify, relate
7 to, describe, be capable of being associated with, or be
8 linked, directly or indirectly, to a particular consumer.
9 (3) Shall be made subject to technical safeguards that
10 prohibit reidentification of the consumer to whom the
11 information may pertain.
12 (4) Shall be subject to business processes that
13 specifically prohibit reidentification of the information.
14 (5) Shall be made subject to business processes to
15 prevent inadvertent release of deidentified information.
16 (6) Shall be protected from any reidentification
17 attempts.
18 (7) Shall be used solely for research purposes that
19 are compatible with the context in which the personal
20 information was collected.
21 (8) Shall not be used for any commercial purpose.
22 (9) Shall be subjected by the business conducting the
23 research to additional security controls that limit access
24 to the research data to only those individuals in a
25 business as are necessary to carry out the research
26 purpose.

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1 (t)(1) "Sell", "selling", "sale", or "sold" means selling,
2renting, releasing, disclosing, disseminating, making
3available, transferring, or otherwise communicating orally, in
4writing, or by electronic or other means, a consumer's
5personal information by the business to another business or a
6third party for monetary or other valuable consideration.
7 (2) For purposes of this Act, a business does not sell
8personal information when:
9 (A) A consumer uses or directs the business to
10 intentionally disclose personal information or uses the
11 business to intentionally interact with a third party,
12 provided the third party does not also sell the personal
13 information, unless that disclosure would be consistent
14 with the provisions of this Act. An intentional
15 interaction occurs when the consumer intends to interact
16 with the third party, via one or more deliberate
17 interactions. Hovering over, muting, pausing, or closing a
18 given piece of content does not constitute a consumer's
19 intent to interact with a third party.
20 (B) The business uses or shares an identifier for a
21 consumer who has opted out of the sale of the consumer's
22 personal information for the purposes of alerting third
23 parties that the consumer has opted out of the sale of the
24 consumer's personal information.
25 (C) The business uses or shares with a service
26 provider personal information of a consumer that is

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1 necessary to perform a business purpose if both of the
2 following conditions are met:
3 (i) The business has provided notice that
4 information being used or shared in its terms and
5 conditions consistent with Section 45.
6 (ii) The service provider does not further
7 collect, sell, or use the personal information of the
8 consumer except as necessary to perform the business
9 purpose.
10 (D) The business transfers to a third party the
11 personal information of a consumer as an asset that is
12 part of a merger, acquisition, bankruptcy, or other
13 transaction in which the third party assumes control of
14 all or part of the business, provided that information is
15 used or shared consistently with Sections 20 and 25. If a
16 third party materially alters how it uses or shares the
17 personal information of a consumer in a manner that is
18 materially inconsistent with the promises made at the time
19 of collection, it shall provide prior notice of the new or
20 changed practice to the consumer. The notice shall be
21 sufficiently prominent and robust to ensure that existing
22 consumers can easily exercise their choices consistently
23 with Section 30. This subparagraph does not authorize a
24 business to make material, retroactive privacy policy
25 changes or make other changes in their privacy policy in a
26 manner that would violate the Uniform Deceptive Trade

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1 Practices Act.
2 (u) "Service" or "services" means work, labor, and
3services, including services furnished in connection with the
4sale or repair of goods.
5 (v) "Service provider" means a sole proprietorship,
6partnership, limited liability company, corporation,
7association, or other legal entity that is organized or
8operated for the profit or financial benefit of its
9shareholders or other owners, that processes information on
10behalf of a business and to which the business discloses a
11consumer's personal information for a business purpose in
12accordance with a written contract, provided that the contract
13prohibits the entity receiving the information from retaining,
14using, or disclosing the personal information for any purpose
15other than for the specific purpose of performing the services
16specified in the contract for the business, or as otherwise
17permitted by this Act, including retaining, using, or
18disclosing the personal information for a commercial purpose
19other than providing the services specified in the contract
20with the business.
21 (w) "Third party" means a person who is not any of the
22following:
23 (1) The business that collects personal information
24 from consumers under this Act.
25 (2)(A) A person to whom the business discloses a
26 consumer's personal information for a business purpose in

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1 accordance with a written contract, provided that the
2 contract:
3 (i) Prohibits the person receiving the personal
4 information from:
5 (I) Selling the personal information.
6 (II) Retaining, using, or disclosing the
7 personal information for any purpose other than
8 for the specific purpose of performing the
9 services specified in the contract, including
10 retaining, using, or disclosing the personal
11 information for a commercial purpose other than
12 providing the services specified in the contract.
13 (III) Retaining, using, or disclosing the
14 information outside of the direct business
15 relationship between the person and the business.
16 (ii) Includes a certification made by the person
17 receiving the personal information that the person
18 understands the restrictions in subparagraph (A) and
19 will comply with them.
20 (B) A person covered by this paragraph who violates
21 any of the restrictions set forth in this Act shall be
22 liable for the violations. A business that discloses
23 personal information to a person covered by this paragraph
24 in compliance with this paragraph shall not be liable
25 under this Act if the person receiving the personal
26 information uses it in violation of the restrictions set

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1 forth in this Act, provided that, at the time of
2 disclosing the personal information, the business does not
3 have actual knowledge, or reason to believe, that the
4 person intends to commit such a violation.
5 (x) "Unique identifier" or "unique personal identifier"
6means a persistent identifier that can be used to recognize a
7consumer, a family, or a device that is linked to a consumer or
8family, over time and across different services, including,
9but not limited to, a device identifier; an Internet Protocol
10address; cookies, beacons, pixel tags, mobile ad identifiers,
11or similar technology; customer number, unique pseudonym, or
12user alias; telephone numbers, or other forms of persistent or
13probabilistic identifiers that can be used to identify a
14particular consumer or device. As used in this subsection,
15"family" means a custodial parent or guardian and any minor
16children over which the parent or guardian has custody.
17 (y) "Verifiable consumer request" means a request that is
18made by a consumer, by a consumer on behalf of the consumer's
19minor child, or by a natural person or a person registered with
20the Secretary of State, authorized by the consumer to act on
21the consumer's behalf, and that the business can reasonably
22verify, in accordance with regulations adopted by the Attorney
23General under paragraph (7) of subsection (a) of Section 80 to
24be the consumer about whom the business has collected personal
25information. A business is not obligated to provide
26information to the consumer in accordance with Sections 20 and

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125 if the business cannot verify, in accordance with this
2subsection and regulations adopted by the Attorney General
3under paragraph (7) of subsection (a) of Section 80, that the
4consumer making the request is the consumer about whom the
5business has collected information or is a person authorized
6by the consumer to act on such consumer's behalf.
7 Section 10. Personal information; business collection and
8disclosure.
9 (a) A consumer has the right to request that a business
10that collects the consumer's personal information disclose to
11that consumer the categories and specific pieces of personal
12information the business has collected.
13 (b) A business that collects a consumer's personal
14information shall, at or before the point of collection,
15inform the consumer as to the categories of personal
16information to be collected and the purposes for which the
17categories of personal information shall be used. A business
18shall not collect additional categories of personal
19information or use personal information collected for
20additional purposes without providing the consumer with notice
21consistent with this Section.
22 (c) A business shall provide the information specified in
23subsection (a) to a consumer only upon receipt of a verifiable
24consumer request.
25 (d) A business that receives a verifiable consumer request

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1from a consumer to access personal information shall promptly
2take steps to disclose and deliver, free of charge to the
3consumer, the personal information required by this Section.
4The information may be delivered by mail or electronically,
5and if provided electronically, the information shall be in a
6portable and, to the extent technically feasible, in a readily
7usable format that allows the consumer to transmit this
8information to another entity without hindrance. A business
9may provide personal information to a consumer at any time,
10but shall not be required to provide personal information to a
11consumer more than twice in a 12-month period.
12 (e) This Section does not require a business to retain any
13personal information collected for a single, one-time
14transaction, if such information is not sold or retained by
15the business or to reidentify or otherwise link information
16that is not maintained in a manner that would be considered
17personal information.
18 Section 15. Consumer request to delete personal
19information.
20 (a) A consumer has the right to request that a business
21delete any personal information about the consumer which the
22business has collected from the consumer.
23 (b) A business that collects personal information about
24consumers shall disclose, in accordance with Section 40, the
25consumer's rights to request the deletion of the consumer's

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1personal information.
2 (c) A business that receives a verifiable consumer request
3from a consumer to delete the consumer's personal information
4in accordance with subsection (a) shall delete the consumer's
5personal information from its records and direct any service
6providers to delete the consumer's personal information from
7their records.
8 (d) A business or a service provider shall not be required
9to comply with a consumer's request to delete the consumer's
10personal information if it is necessary for the business or
11service provider to maintain the consumer's personal
12information in order to:
13 (1) Complete the transaction for which the personal
14 information was collected; provide a good or service
15 requested by the consumer or reasonably anticipated within
16 the context of a business's ongoing business relationship
17 with the consumer; or otherwise perform a contract between
18 the business and the consumer.
19 (2) Detect security incidents; protect against
20 malicious, deceptive, fraudulent, or illegal activity; or
21 prosecute those responsible for that activity.
22 (3) Debug to identify and repair errors that impair
23 existing intended functionality.
24 (4) Exercise free speech, ensure the right of another
25 consumer to exercise his or her right of free speech, or
26 exercise another right provided for by law.

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1 (5) Comply with the Citizen Privacy Protection Act.
2 (6) Engage in public or peer-reviewed scientific,
3 historical, or statistical research in the public interest
4 that adheres to all other applicable ethics and privacy
5 laws, when the businesses' deletion of the information is
6 likely to render impossible or seriously impair the
7 achievement of such research, if the consumer has provided
8 informed consent.
9 (7) Enable solely internal uses that are reasonably
10 aligned with the expectations of the consumer based on the
11 consumer's relationship with the business.
12 (8) Comply with a legal obligation.
13 (9) Otherwise use the consumer's personal information,
14 internally, in a lawful manner that is compatible with the
15 context in which the consumer provided the information.
16 Section 20. Consumer request to disclose categories of
17information collected.
18 (a) A consumer has the right to request that a business
19that collects personal information about the consumer disclose
20to the consumer the following:
21 (1) The categories of personal information it has
22 collected about that consumer.
23 (2) The categories of sources from which the personal
24 information is collected.
25 (3) The business or commercial purpose for collecting

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1 or selling personal information.
2 (4) The categories of third parties with whom the
3 business shares personal information.
4 (5) The specific pieces of personal information it has
5 collected about that consumer.
6 (b) A business that collects personal information about a
7consumer shall disclose to the consumer, in accordance with
8paragraph (3) of subsection (a) of Section 40, the information
9specified in subsection (a) upon receipt of a verifiable
10consumer request from the consumer.
11 (c) A business that collects personal information about
12consumers shall disclose, in accordance with subparagraph (B)
13of paragraph (5) of subsection (a) of Section 40:
14 (1) The categories of personal information it has
15 collected about that consumer.
16 (2) The categories of sources from which the personal
17 information is collected.
18 (3) The business or commercial purpose for collecting
19 or selling personal information.
20 (4) The categories of third parties with whom the
21 business shares personal information.
22 (5) The specific pieces of personal information the
23 business has collected about that consumer.
24 (d) This Section does not require a business to do the
25following:
26 (1) Retain any personal information about a consumer

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1 collected for a single one-time transaction if, in the
2 ordinary course of business, that information about the
3 consumer is not retained.
4 (2) Reidentify or otherwise link any data that, in the
5 ordinary course of business, is not maintained in a manner
6 that would be considered personal information.
7 Section 25. Consumer request to disclose categories of
8information sold.
9 (a) A consumer has the right to request that a business
10that sells the consumer's personal information, or that
11discloses it for a business purpose, disclose to that
12consumer:
13 (1) The categories of personal information that the
14 business collected about the consumer.
15 (2) The categories of personal information that the
16 business sold about the consumer and the categories of
17 third parties to whom the personal information was sold,
18 by category or categories of personal information for each
19 third party to whom the personal information was sold.
20 (3) The categories of personal information that the
21 business disclosed about the consumer for a business
22 purpose.
23 (b) A business that sells personal information about a
24consumer, or that discloses a consumer's personal information
25for a business purpose, shall disclose, in accordance with

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1paragraph (4) of subsection (a) of Section 40, the information
2specified in subsection (a) to the consumer upon receipt of a
3verifiable consumer request from the consumer.
4 (c) A business that sells consumers' personal information,
5or that discloses consumers' personal information for a
6business purpose, shall disclose, in accordance with
7subparagraph (C) of paragraph (5) of subsection (a) of Section
840:
9 (1) The category or categories of personal information
10 it has sold, or if the business has not sold consumers'
11 personal information, it shall disclose that fact.
12 (2) The category or categories of personal information
13 it has disclosed for a business purpose, or if the
14 business has not disclosed consumers' personal information
15 for a business purpose, it shall disclose that fact.
16 (d) A third party shall not sell personal information
17about a consumer that has been sold to the third party by a
18business unless the consumer has received explicit notice and
19is provided an opportunity to exercise the right to opt out
20under Section 30.
21 Section 30. Right to opt out.
22 (a) A consumer has the right, at any time, to direct a
23business that sells personal information about the consumer to
24third parties not to sell the consumer's personal information.
25This right may be referred to as the right to opt out.

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1 (b) A business that sells consumers' personal information
2to third parties shall provide notice to consumers, in
3accordance with subsection (a) of Section 45, that this
4information may be sold and that consumers have the right to
5opt out of the sale of their personal information.
6 (c) Notwithstanding subsection (a), a business shall not
7sell the personal information of consumers if the business has
8actual knowledge that the consumer is less than 16 years of
9age, unless the consumer, in the case of consumers between 13
10and 16 years of age, or the consumer's parent or guardian, in
11the case of consumers who are less than 13 years of age, has
12affirmatively authorized the sale of the consumer's personal
13information. A business that willfully disregards the
14consumer's age shall be deemed to have had actual knowledge of
15the consumer's age. This right may be referred to as the right
16to opt in.
17 (d) A business that has received direction from a consumer
18not to sell the consumer's personal information, or in the
19case of a minor consumer's personal information has not
20received consent to sell the minor consumer's personal
21information, shall be prohibited, in accordance with paragraph
22(4) of subsection (a) of Section 45, from selling the
23consumer's personal information after its receipt of the
24consumer's direction, unless the consumer subsequently
25provides express authorization for the sale of the consumer's
26personal information.

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1 Section 35. Prohibited practices.
2 (a)(1) A business shall not discriminate against a
3consumer because the consumer exercised any of the consumer's
4rights under this Act, including, but not limited to, by:
5 (A) Denying goods or services to the consumer.
6 (B) Charging different prices or rates for goods or
7 services, including through the use of discounts or other
8 benefits or imposing penalties.
9 (C) Providing a different level or quality of goods or
10 services to the consumer.
11 (D) Suggesting that the consumer will receive a
12 different price or rate for goods or services or a
13 different level or quality of goods or services.
14 (2) Nothing in this subsection prohibits a business from
15charging a consumer a different price or rate, or from
16providing a different level or quality of goods or services to
17the consumer, if that difference is reasonably related to the
18value provided to the consumer by the consumer's data.
19 (b)(1) A business may offer financial incentives,
20including payments to consumers as compensation, for the
21collection of personal information, the sale of personal
22information, or the deletion of personal information. A
23business may also offer a different price, rate, level, or
24quality of goods or services to the consumer if that price or
25difference is directly related to the value provided to the

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1consumer by the consumer's data.
2 (2) A business that offers any financial incentives in
3accordance with this subsection, shall notify consumers of the
4financial incentives as provided under Section 45.
5 (3) A business may enter a consumer into a financial
6incentive program only if the consumer gives the business
7prior opt-in consent in accordance with Section 45 which
8clearly describes the material terms of the financial
9incentive program and which may be revoked by the consumer at
10any time.
11 (4) A business shall not use financial incentive practices
12that are unjust, unreasonable, coercive, or usurious in
13nature.
14 Section 40. Processing disclosure requests; deadlines.
15 (a) In order to comply with Sections 10, 15, 20, 25, and
1635, a business shall, in a form that is reasonably accessible
17to consumers:
18 (1) Make available to consumers 2 or more designated
19 methods for submitting requests for information required
20 to be disclosed under Sections 20 and 25, including, at a
21 minimum, a toll-free telephone number, and if the business
22 maintains a website, a website address.
23 (2) Disclose and deliver the required information to a
24 consumer free of charge within 45 days of receiving a
25 verifiable consumer request from the consumer. The

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1 business shall promptly take steps to determine whether
2 the request is a verifiable consumer request, but this
3 shall not extend the business's duty to disclose and
4 deliver the information within 45 days of receipt of the
5 consumer's request. The time period to provide the
6 required information may be extended once by an additional
7 45 days when reasonably necessary, provided the consumer
8 is provided notice of the extension within the first
9 45-day period. The disclosure shall cover the 12-month
10 period preceding the business's receipt of the verifiable
11 consumer request and shall be made in writing and
12 delivered through the consumer's account with the
13 business, if the consumer maintains an account with the
14 business, or by mail or electronically at the consumer's
15 option if the consumer does not maintain an account with
16 the business, in a readily usable format that allows the
17 consumer to transmit this information from one entity to
18 another entity without hindrance. The business shall not
19 require the consumer to create an account with the
20 business in order to make a verifiable consumer request.
21 (3) For purposes of subsection (b) of Section 20:
22 (A) To identify the consumer, associate the
23 information provided by the consumer in the verifiable
24 consumer request to any personal information
25 previously collected by the business about the
26 consumer.

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1 (B) Identify by category or categories the
2 personal information collected about the consumer in
3 the preceding 12 months by reference to the enumerated
4 category or categories in subsection (c) that most
5 closely describes the personal information collected.
6 (4) For purposes of subsection (b) of Section 25:
7 (A) Identify the consumer and associate the
8 information provided by the consumer in the verifiable
9 consumer request to any personal information
10 previously collected by the business about the
11 consumer.
12 (B) Identify by category or categories the
13 personal information of the consumer that the business
14 sold in the preceding 12 months by reference to the
15 enumerated category in subsection (c) that most
16 closely describes the personal information, and
17 provide the categories of third parties to whom the
18 consumer's personal information was sold in the
19 preceding 12 months by reference to the enumerated
20 category or categories in subsection (c) that most
21 closely describes the personal information sold. The
22 business shall disclose the information in a list that
23 is separate from a list generated for the purposes of
24 subparagraph (C).
25 (C) Identify by category or categories the
26 personal information of the consumer that the business

HB3910- 29 -LRB102 02781 KTG 12788 b
1 disclosed for a business purpose in the preceding 12
2 months by reference to the enumerated category or
3 categories in subsection (c) that most closely
4 describes the personal information, and provide the
5 categories of third parties to whom the consumer's
6 personal information was disclosed for a business
7 purpose in the preceding 12 months by reference to the
8 enumerated category or categories in subsection (c)
9 that most closely describes the personal information
10 disclosed. The business shall disclose the information
11 in a list that is separate from a list generated for
12 the purposes of subparagraph (B).
13 (5) Disclose the following information in its online
14 privacy policy or policies if the business has an online
15 privacy policy or policies and in any Illinois-specific
16 description of consumers' privacy rights, or if the
17 business does not maintain those policies, on its website,
18 and update that information at least once every 12 months:
19 (A) A description of a consumer's rights under
20 Sections 20, 25, and 35 and one or more designated
21 methods for submitting requests.
22 (B) For purposes of subsection (c) of Section 20,
23 a list of the categories of personal information it
24 has collected about consumers in the preceding 12
25 months by reference to the enumerated category or
26 categories in subsection (c) that most closely

HB3910- 30 -LRB102 02781 KTG 12788 b
1 describe the personal information collected.
2 (C) For purposes of paragraphs (1) and (2) of
3 subsection (c) of Section 25, 2 separate lists:
4 (i) A list of the categories of personal
5 information it has sold about consumers in the
6 preceding 12 months by reference to the enumerated
7 category or categories in subsection (c) of this
8 Section that most closely describe the personal
9 information sold, or if the business has not sold
10 consumers' personal information in the preceding
11 12 months, the business shall disclose that fact.
12 (ii) A list of the categories of personal
13 information it has disclosed about consumers for a
14 business purpose in the preceding 12 months by
15 reference to the enumerated category or categories
16 in subsection (c) that most closely describe the
17 personal information disclosed, or if the business
18 has not disclosed consumers' personal information
19 for a business purpose in the preceding 12 months,
20 the business shall disclose that fact.
21 (6) Ensure that all individuals responsible for
22 handling consumer inquiries about the business's privacy
23 practices or the business's compliance with this Act are
24 informed of all requirements under Sections 20, 25, and
25 35, and the requirements under this Section, and how to
26 direct consumers to exercise their rights under Sections

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1 20, 25, and 35 and under this Section.
2 (7) Use any personal information collected from the
3 consumer in connection with the business's verification of
4 the consumer's request solely for the purposes of
5 verification.
6 (b) A business is not obligated to provide the information
7required under Sections 20 and 25 to the same consumer more
8than twice in a 12-month period.
9 (c) The categories of personal information required to be
10disclosed under Sections 20 and 25 shall follow the definition
11of personal information in Section 5.
12 Section 45. Informational web page.
13 (a) A business that is required to comply with Section 30
14shall, in a form that is reasonably accessible to consumers:
15 (1) Provide a clear and conspicuous link on the
16 business's Internet homepage, titled "Do Not Sell My
17 Personal Information", to an Internet web page that
18 enables a consumer, or a person authorized by the
19 consumer, to opt out of the sale of the consumer's
20 personal information. A business shall not require a
21 consumer to create an account in order to direct the
22 business not to sell the consumer's personal information.
23 (2) Include a description of a consumer's rights in
24 accordance with Section 30, along with a separate link to
25 the "Do Not Sell My Personal Information" Internet web

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1 page in:
2 (A) Its online privacy policy or policies if the
3 business has an online privacy policy or policies.
4 (B) Any Illinois-specific description of
5 consumers' privacy rights.
6 (3) Ensure that all individuals responsible for
7 handling consumer inquiries about the business's privacy
8 practices or the business's compliance with this Act are
9 informed of all requirements under Section 30 and this
10 Section and how to direct consumers to exercise their
11 rights under Section 30 and this Section.
12 (4) For consumers who exercise their right to opt out
13 of the sale of their personal information, refrain from
14 selling personal information collected by the business
15 about the consumer.
16 (5) For a consumer who has opted out of the sale of the
17 consumer's personal information, respect the consumer's
18 decision to opt out for at least 12 months before
19 requesting that the consumer authorize the sale of the
20 consumer's personal information.
21 (6) Use any personal information collected from the
22 consumer in connection with the submission of the
23 consumer's opt-out request solely for the purposes of
24 complying with the opt-out request.
25 (b) Nothing in this Act shall be construed to require a
26business to comply with this Act by including the required

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1links and text on the homepage that the business makes
2available to the public generally, if the business maintains a
3separate and additional homepage that is dedicated to Illinois
4consumers and that includes the required links and text, and
5the business takes reasonable steps to ensure that Illinois
6consumers are directed to the homepage for Illinois consumers
7and not the homepage made available to the public generally.
8 (c) A consumer may authorize another person solely to opt
9out of the sale of the consumer's personal information on the
10consumer's behalf, and a business shall comply with an opt-out
11request received from a person authorized by the consumer to
12act on the consumer's behalf, in accordance with regulations
13adopted by the Attorney General.
14 Section 50. Compliance with other laws or regulations.
15 (a) The obligations imposed on businesses by this Act
16shall not restrict a business's ability to:
17 (1) Comply with federal, State, or local laws.
18 (2) Comply with a civil, criminal, or regulatory
19 inquiry, investigation, subpoena, or summons by federal,
20 State, or local authorities.
21 (3) Cooperate with law enforcement agencies concerning
22 conduct or activity that the business, service provider,
23 or third party reasonably and in good faith believes may
24 violate federal, State, or local law.
25 (4) Exercise or defend legal claims.

HB3910- 34 -LRB102 02781 KTG 12788 b
1 (5) Collect, use, retain, sell, or disclose consumer
2 information that is deidentified or in the aggregate
3 consumer information.
4 (6) Collect or sell a consumer's personal information
5 if every aspect of that commercial conduct takes place
6 wholly outside of Illinois. For purposes of this Act,
7 commercial conduct takes place wholly outside of Illinois
8 if the business collected that information while the
9 consumer was outside of Illinois, no part of the sale of
10 the consumer's personal information occurred in Illinois,
11 and no personal information collected while the consumer
12 was in Illinois is sold. This paragraph shall not permit a
13 business from storing, including on a device, personal
14 information about a consumer when the consumer is in
15 Illinois and then collecting that personal information
16 when the consumer and stored personal information is
17 outside of Illinois.
18 (b) The obligations imposed on businesses by Sections 20
19through 45 shall not: (i) apply where compliance by the
20business with this Act would violate an evidentiary privilege
21under Illinois law; and (ii) prevent a business from providing
22the personal information of a consumer to a person covered by
23an evidentiary privilege under Illinois law as part of a
24privileged communication.
25 (c)(1) This Act shall not apply to any of the following:
26 (A) Medical information protected from disclosure

HB3910- 35 -LRB102 02781 KTG 12788 b
1 under State confidentiality laws on patient health
2 information or protected health information that is
3 collected by a covered entity or business associate
4 governed by the privacy, security, and breach notification
5 rules issued by the United States Department of Health and
6 Human Services, Parts 160 and 164 of Title 45 of the Code
7 of Federal Regulations, established in accordance with the
8 Health Insurance Portability and Accountability Act of
9 1996 (Public Law 104-191) and the Health Information
10 Technology for Economic and Clinical Health Act (Public
11 Law 111-5).
12 (B) A provider of health care governed by State
13 confidentiality laws on patient health information or a
14 covered entity governed by the privacy, security, and
15 breach notification rules issued by the United States
16 Department of Health and Human Services, Parts 160 and 164
17 of Title 45 of the Code of Federal Regulations,
18 established in accordance the Health Insurance Portability
19 and Accountability Act of 1996 (Public Law 104-191), to
20 the extent the provider or covered entity maintains
21 patient information in the same manner as medical
22 information or protected health information as described
23 in subparagraph (A).
24 (C) Information collected as part of a clinical trial
25 subject to the Federal Policy for the Protection of Human
26 Subjects, also known as the Common Rule, in accordance

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1 with good clinical practice guidelines issued by the
2 International Council for Harmonisation of Technical
3 Requirements for Pharmaceuticals for Human Use or in
4 accordance with human subject protection requirements of
5 the United States Food and Drug Administration.
6 (2) As used in this Section:
7 "Medical information" means any individually identifiable
8information, in electronic or physical form, in possession of
9or derived from a provider of health care, health care service
10plan, pharmaceutical company, or contractor regarding a
11patient's medical history, mental or physical condition, or
12treatment. "Individually identifiable" means that the medical
13information includes or contains any element of personal
14identifying information sufficient to allow identification of
15the individual, such as the patient's name, address,
16electronic mail address, telephone number, or social security
17number, or other information that, alone or in combination
18with other publicly available information, reveals the
19individual's identity.
20 "Provider of health care" means any physician, hospital
21facility, facility licensed under the Nursing Home Care Act,
22long-term care facility as defined in Section 1-113 of the
23Nursing Home Care Act, or other person that is licensed or
24otherwise authorized to deliver health care services.
25 "Business associate", "covered entity", and "protected
26health information" have the meanings ascribed to those terms

HB3910- 37 -LRB102 02781 KTG 12788 b
1in Section 160.103 of Title 45 of the Code of Federal
2Regulations.
3 (d) This Act shall not apply to the sale of personal
4information to or from a consumer reporting agency if that
5information is to be reported in, or used to generate, a
6consumer report as defined in subsection (d) of Section 1681a
7of Title 15 of the United States Code, and use of that
8information is limited by the federal Fair Credit Reporting
9Act (15 U.S.C. 1681 et seq.).
10 (e) This Act shall not apply to personal information
11collected, processed, sold, or disclosed in accordance with
12the federal Gramm-Leach-Bliley Act, Public Law 106-102, and
13implementing regulations, or the Illinois Banking Act. This
14subsection shall not apply to Section 55.
15 (f) This Act shall not apply to personal information
16collected, processed, sold, or disclosed in accordance with
17the Driver's Privacy Protection Act of 1994 (18 U.S.C. 2721 et
18seq.). This subsection shall not apply to Section 55.
19 (g) Notwithstanding a business's obligation to respond to
20and honor consumer rights requests in accordance with this
21Act:
22 (1) A time period for a business to respond to any
23 verified consumer request may be extended by up to 90
24 additional days where necessary, taking into account the
25 complexity and number of the requests. The business shall
26 inform the consumer of any such extension within 45 days

HB3910- 38 -LRB102 02781 KTG 12788 b
1 of receipt of the request, together with the reasons for
2 the delay.
3 (2) If the business does not take action on the
4 request of the consumer, the business shall inform the
5 consumer, without delay and at the latest within the time
6 period permitted of response by this Section, of the
7 reasons for not taking action and any rights the consumer
8 may have to appeal the decision to the business.
9 (3) If requests from a consumer are manifestly
10 unfounded or excessive, in particular because of their
11 repetitive character, a business may either charge a
12 reasonable fee, taking into account the administrative
13 costs of providing the information or communication or
14 taking the action requested, or refuse to act on the
15 request and notify the consumer of the reason for refusing
16 the request. The business shall bear the burden of
17 demonstrating that any verified consumer request is
18 manifestly unfounded or excessive.
19 (h) A business that discloses personal information to a
20service provider shall not be liable under this Act if the
21service provider receiving the personal information uses it in
22violation of the restrictions set forth in this Act, provided
23that, at the time of disclosing the personal information, the
24business does not have actual knowledge, or reason to believe,
25that the service provider intends to commit such a violation.
26A service provider shall likewise not be liable under this Act

HB3910- 39 -LRB102 02781 KTG 12788 b
1for the obligations of a business for which it provides
2services as set forth in this Act.
3 (i) This Act shall not be construed to require a business
4to reidentify or otherwise link information that is not
5maintained in a manner that would be considered personal
6information.
7 (j) The rights afforded to consumers and the obligations
8imposed on the business in this Act shall not adversely affect
9the rights and freedoms of other consumers.
10 Section 55. Civil actions.
11 (a)(1) Any consumer whose unencrypted or unredacted
12personal information, as defined in Section 5 of the Personal
13Information Protection Act, is subject to an unauthorized
14access and exfiltration, theft, or disclosure as a result of
15the business's violation of the duty to implement and maintain
16reasonable security procedures and practices appropriate to
17the nature of the information to protect the personal
18information may institute a civil action for any of the
19following:
20 (A) Recovery of damages in an amount not less than
21 $100 and not greater than $750 per consumer per incident
22 or actual damages, whichever is greater.
23 (B) Injunctive or declaratory relief.
24 (C) Any other relief the court deems proper.
25 (2) In assessing the amount of statutory damages, the

HB3910- 40 -LRB102 02781 KTG 12788 b
1court shall consider any one or more of the relevant
2circumstances presented by any of the parties to the case,
3including, but not limited to, the nature and seriousness of
4the misconduct, the number of violations, the persistence of
5the misconduct, the length of time over which the misconduct
6occurred, the willfulness of the defendant's misconduct, and
7the defendant's assets, liabilities, and net worth.
8 (b) Actions under this Section may be brought by a
9consumer if, prior to initiating any action against a business
10for statutory damages on an individual or class-wide basis, a
11consumer provides a business 30 days' written notice
12identifying the specific provisions of this Act the consumer
13alleges have been or are being violated. If a cure is possible,
14if within the 30 days the business actually cures the noticed
15violation and provides the consumer an express written
16statement that the violations have been cured and that no
17further violations shall occur, no action for individual
18statutory damages or class-wide statutory damages may be
19initiated against the business. No notice shall be required
20prior to an individual consumer initiating an action solely
21for actual pecuniary damages suffered as a result of the
22alleged violations of this Act. If a business continues to
23violate this Act in breach of the express written statement
24provided to the consumer under this Section, the consumer may
25initiate an action against the business to enforce the written
26statement and may pursue statutory damages for each breach of

HB3910- 41 -LRB102 02781 KTG 12788 b
1the express written statement, as well as any other violation
2of the title that postdates the written statement.
3 (c) The cause of action established by this Section shall
4apply only to violations as defined in subsection (a) and
5shall not be based on violations of any other Section of this
6Act. Nothing in this Act shall be interpreted to serve as the
7basis for a private right of action under any other law. This
8shall not be construed to relieve any party from any duties or
9obligations imposed under other law or the United States or
10Illinois Constitution.
11 Section 60. Attorney General enforcement.
12 (a) Any business or third party may seek the opinion of the
13Attorney General for guidance on how to comply with the
14provisions of this Act.
15 (b) A business shall be in violation of this Act if it
16fails to cure any alleged violation within 30 days after being
17notified of alleged noncompliance. Any business, service
18provider, or other person that violates this Act shall be
19subject to an injunction and liable for a civil penalty of not
20more than $2,500 for each violation or $7,500 for each
21intentional violation, which shall be assessed and recovered
22in a civil action brought in the name of the people of the
23State of Illinois by the Attorney General. The civil penalties
24provided for in this Section shall be exclusively assessed and
25recovered in a civil action brought in the name of the people

HB3910- 42 -LRB102 02781 KTG 12788 b
1of the State of Illinois by the Attorney General.
2 (c) Any civil penalty assessed for a violation of this
3Act, and the proceeds of any settlement of an action brought
4under subsection (b), shall be deposited into the Consumer
5Privacy Fund, created under Section 65, with the intent to
6fully offset any costs incurred by the State courts and the
7Attorney General in connection with this Act.
8 Section 65. Consumer Privacy Fund.
9 (a) The Consumer Privacy Fund is created as a special fund
10in the State treasury. The Fund shall consist of any moneys
11deposited into the Fund as provided in subsection (c) of
12Section 60 and any moneys appropriated to the Attorney General
13for the purposes of this Section from the General Revenue
14Fund.
15 (b) Moneys in the Consumer Privacy Fund shall be used,
16subject to appropriation, to offset any costs incurred by the
17State courts in connection with actions brought to enforce
18this Act and any costs incurred by the Attorney General in
19carrying out the Attorney General's duties under this Act and
20for no other purpose. All interest earned on moneys in the Fund
21shall be deposited into the Fund.
22 Section 70. Conflict of laws. The provisions of this Act
23are not limited to information collected electronically or
24over the Internet, but apply to the collection and sale of all

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1personal information collected by a business from consumers.
2Wherever possible, law relating to consumers' personal
3information should be construed to harmonize with the
4provisions of this Act, but in the event of a conflict between
5other laws and the provisions of this Act, the provisions of
6the law that afford the greatest privacy protection for
7consumers shall control.
8 Section 80. Attorney General; rules.
9 (a) On or before July 1, 2022, the Attorney General shall
10solicit broad public participation and adopt rules to further
11the purposes of this Act, including, but not limited to, the
12following areas:
13 (1) Updating as needed additional categories of
14 personal information to those enumerated in subsection (c)
15 of Section 40 and subsection (o) of Section 5 in order to
16 address changes in technology, data collection practices,
17 obstacles to implementation, and privacy concerns.
18 (2) Updating as needed the definition of unique
19 identifiers to address changes in technology, data
20 collection, obstacles to implementation, and privacy
21 concerns, and additional categories to the definition of
22 designated methods for submitting requests to facilitate a
23 consumer's ability to obtain information from a business
24 in accordance with Section 40.
25 (3) Establishing any exceptions necessary to comply

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1 with State or federal law, including, but not limited to,
2 those relating to trade secrets and intellectual property
3 rights, within one year of the effective date of this Act
4 and as needed thereafter.
5 (4) Establishing rules and procedures for the
6 following:
7 (A) To facilitate and govern the submission of a
8 request by a consumer to opt out of the sale of
9 personal information under Section 30.
10 (B) To govern business compliance with a
11 consumer's opt-out request.
12 (C) For the development and use of a recognizable
13 and uniform opt-out logo or button by all businesses
14 to promote consumer awareness of the opportunity to
15 opt out of the sale of personal information.
16 (5) Adjusting the monetary threshold in subparagraph
17 (A) of paragraph (1) of subsection (c) of Section 5 in
18 January of every odd-numbered year to reflect any increase
19 in the Consumer Price Index.
20 (6) Establishing rules, procedures, and any exceptions
21 necessary to ensure that the notices and information that
22 businesses are required to provide in accordance with this
23 Act are provided in a manner that may be easily understood
24 by the average consumer, are accessible to consumers with
25 disabilities, and are available in the language primarily
26 used to interact with the consumer, including establishing

HB3910- 45 -LRB102 02781 KTG 12788 b
1 rules and guidelines regarding financial incentive
2 offerings, within one year after the effective date of
3 this Act and as needed thereafter.
4 (7) Establishing rules and procedures to further the
5 purposes of Sections 20 and 25 and to facilitate a
6 consumer's or the consumer's authorized agent's ability to
7 obtain information in accordance with Section 40, with the
8 goal of minimizing the administrative burden on consumers,
9 taking into account available technology, security
10 concerns, and the burden on the business, to govern a
11 business's determination that a request for information
12 received by a consumer is a verifiable consumer request,
13 including treating a request submitted through a
14 password-protected account maintained by the consumer with
15 the business while the consumer is logged into the account
16 as a verifiable consumer request and providing a mechanism
17 for a consumer who does not maintain an account with the
18 business to request information through the business's
19 authentication of the consumer's identity, within one year
20 after the effective date of this Act and as needed
21 thereafter.
22 (b) The Attorney General may adopt additional regulations
23as necessary to further the purposes of this Act.
24 (c) The Attorney General shall not bring an enforcement
25action under this Act until 6 months after the publication of
26the final rules adopted in accordance with this Section or

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1July 1, 2022, whichever is sooner.
2 Section 85. Component parts of a single transaction. If a
3series of steps or transactions were component parts of a
4single transaction intended from the beginning to be taken
5with the intention of avoiding the reach of this Act,
6including the disclosure of information by a business to a
7third party in order to avoid the definition of sell, a court
8shall disregard the intermediate steps or transactions for
9purposes of effectuating the purposes of this Act.
10 Section 90. Nonwaiver of Act. Any provision of a contract
11or agreement of any kind that purports to waive or limit in any
12way a consumer's rights under this Act, including, but not
13limited to, any right to a remedy or means of enforcement,
14shall be deemed contrary to public policy and shall be void and
15unenforceable. This Section shall not prevent a consumer from
16declining to request information from a business, declining to
17opt out of a business's sale of the consumer's personal
18information, or authorizing a business to sell the consumer's
19personal information after previously opting out.
20 Section 95. Construction. This Act shall be liberally
21construed to effectuate its purposes.
22 Section 100. Application. This Act is intended to

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1supplement federal and State law, if permissible, but shall
2not apply if such application is preempted by, or in conflict
3with, federal law or the United States or Illinois
4Constitution.
5 Section 105. The State Finance Act is amended by adding
6Section 5.935 as follows:
7 (30 ILCS 105/5.935 new)
8 Sec. 5.935. The Consumer Privacy Fund.
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