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

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

Download: Illinois-2021-HB3910-Introduced.html

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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accordance with a written contract, provided that the
contract:
(i) Prohibits the person receiving the personal
information from:
(I) Selling the personal information.
(II) Retaining, using, or disclosing the
personal information for any purpose other than
for the specific purpose of performing the
services specified in the contract, including
retaining, using, or disclosing the personal
information for a commercial purpose other than
providing the services specified in the contract.
(III) Retaining, using, or disclosing the
information outside of the direct business
relationship between the person and the business.
(ii) Includes a certification made by the person
receiving the personal information that the person
understands the restrictions in subparagraph (A) and
will comply with them.
(B) A person covered by this paragraph who violates
any of the restrictions set forth in this Act shall be
liable for the violations. A business that discloses
personal information to a person covered by this paragraph
in compliance with this paragraph shall not be liable
under this Act if the person receiving the personal
information uses it in violation of the restrictions set

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

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25 if the business cannot verify, in accordance with this
subsection and regulations adopted by the Attorney General
under paragraph (7) of subsection (a) of Section 80, that the
consumer making the request is the consumer about whom the
business has collected information or is a person authorized
by the consumer to act on such consumer's behalf.
Section 10. Personal information; business collection and
disclosure.
(a) 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.
(b) A business that collects a consumer's personal
information shall, at or before the point of collection,
inform the consumer as to the categories of personal
information to be collected and the purposes for which the
categories of personal information shall be used. A business
shall not collect additional categories of personal
information or use personal information collected for
additional purposes without providing the consumer with notice
consistent with this Section.
(c) A business shall provide the information specified in
subsection (a) to a consumer only upon receipt of a verifiable
consumer request.
(d) A business that receives a verifiable consumer request

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from a consumer to access personal information shall promptly
take steps to disclose and deliver, free of charge to the
consumer, the personal information required by this Section.
The information may be delivered by mail or electronically,
and if provided electronically, the information shall be in a
portable and, to the extent technically feasible, in a readily
usable format that allows the consumer to transmit this
information to another entity without hindrance. A business
may provide personal information to a consumer at any time,
but shall not be required to provide personal information to a
consumer more than twice in a 12-month period.
(e) This Section does not require a business to retain any
personal information collected for a single, one-time
transaction, if such information is not sold or retained by
the business or to reidentify or otherwise link information
that is not maintained in a manner that would be considered
personal information.
Section 15. Consumer request to delete personal
information.
(a) 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.
(b) A business that collects personal information about
consumers shall disclose, in accordance with Section 40, the
consumer's rights to request the deletion of the consumer's

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

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

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or selling personal information.
(4) The categories of third parties with whom the
business shares personal information.
(5) The specific pieces of personal information it has
collected about that consumer.
(b) A business that collects personal information about a
consumer shall disclose to the consumer, in accordance with
paragraph (3) of subsection (a) of Section 40, the information
specified in subsection (a) upon receipt of a verifiable
consumer request from the consumer.
(c) A business that collects personal information about
consumers shall disclose, in accordance with subparagraph (B)
of paragraph (5) of subsection (a) of Section 40:
(1) The categories of personal information it has
collected about that consumer.
(2) The categories of sources from which the personal
information is collected.
(3) The business or commercial purpose for collecting
or selling personal information.
(4) The categories of third parties with whom the
business shares personal information.
(5) The specific pieces of personal information the
business has collected about that consumer.
(d) This Section does not require a business to do the
following:
(1) Retain any personal information about a consumer

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collected for a single one-time transaction if, in the
ordinary course of business, that information about the
consumer is not retained.
(2) Reidentify or otherwise link any data that, in the
ordinary course of business, is not maintained in a manner
that would be considered personal information.
Section 25. Consumer request to disclose categories of
information sold.
(a) A consumer has the right to request that a business
that sells the consumer's personal information, or that
discloses it for a business purpose, disclose to that
consumer:
(1) The categories of personal information that the
business collected about the consumer.
(2) The categories of personal information that the
business sold about the consumer and the categories of
third parties to whom the personal information was sold,
by category or categories of personal information for each
third party to whom the personal information was sold.
(3) The categories of personal information that the
business disclosed about the consumer for a business
purpose.
(b) A business that sells personal information about a
consumer, or that discloses a consumer's personal information
for a business purpose, shall disclose, in accordance with

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

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(b) A business that sells consumers' personal information
to third parties shall provide notice to consumers, in
accordance with subsection (a) of Section 45, that this
information may be sold and that consumers have the right to
opt out of the sale of their personal information.
(c) Notwithstanding subsection (a), a business shall not
sell the personal information of consumers if the business has
actual knowledge that the consumer is less than 16 years of
age, unless the consumer, in the case of consumers between 13
and 16 years of age, or the consumer's parent or guardian, in
the case of consumers who are less than 13 years of age, has
affirmatively authorized the sale of the consumer's personal
information. A business that willfully disregards the
consumer's age shall be deemed to have had actual knowledge of
the consumer's age. This right may be referred to as the right
to opt in.
(d) A business that has received direction from a consumer
not to sell the consumer's personal information, or in the
case of a minor consumer's personal information has not
received consent to sell the minor consumer's personal
information, shall be prohibited, in accordance with paragraph
(4) of subsection (a) of Section 45, from selling the
consumer's personal information after its receipt of the
consumer's direction, unless the consumer subsequently
provides express authorization for the sale of the consumer's
personal information.

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

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

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

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(B) Identify by category or categories the
personal information collected about the consumer in
the preceding 12 months by reference to the enumerated
category or categories in subsection (c) that most
closely describes the personal information collected.
(4) For purposes of subsection (b) of Section 25:
(A) Identify the consumer and associate the
information provided by the consumer in the verifiable
consumer request to any personal information
previously collected by the business about the
consumer.
(B) Identify by category or categories the
personal information of the consumer that the business
sold in the preceding 12 months by reference to the
enumerated category in subsection (c) that most
closely describes the personal information, and
provide the categories of third parties to whom the
consumer's personal information was sold in the
preceding 12 months by reference to the enumerated
category or categories in subsection (c) that most
closely describes the personal information sold. The
business shall disclose the information in a list that
is separate from a list generated for the purposes of
subparagraph (C).
(C) Identify by category or categories the
personal information of the consumer that the business

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disclosed for a business purpose in the preceding 12
months by reference to the enumerated category or
categories in subsection (c) that most closely
describes the personal information, and provide the
categories of third parties to whom the consumer's
personal information was disclosed for a business
purpose in the preceding 12 months by reference to the
enumerated category or categories in subsection (c)
that most closely describes the personal information
disclosed. The business shall disclose the information
in a list that is separate from a list generated for
the purposes of subparagraph (B).
(5) Disclose the following information in its online
privacy policy or policies if the business has an online
privacy policy or policies and in any Illinois-specific
description of consumers' privacy rights, or if the
business does not maintain those policies, on its website,
and update that information at least once every 12 months:
(A) A description of a consumer's rights under
Sections 20, 25, and 35 and one or more designated
methods for submitting requests.
(B) For purposes of subsection (c) of Section 20,
a list of the categories of personal information it
has collected about consumers in the preceding 12
months by reference to the enumerated category or
categories in subsection (c) that most closely

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describe the personal information collected.
(C) For purposes of paragraphs (1) and (2) of
subsection (c) of Section 25, 2 separate lists:
(i) A list of the categories of personal
information it has sold about consumers in the
preceding 12 months by reference to the enumerated
category or categories in subsection (c) of this
Section that most closely describe the personal
information sold, or if the business has not sold
consumers' personal information in the preceding
12 months, the business shall disclose that fact.
(ii) A list of the categories of personal
information it has disclosed about consumers for a
business purpose in the preceding 12 months by
reference to the enumerated category or categories
in subsection (c) that most closely describe the
personal information disclosed, or if the business
has not disclosed consumers' personal information
for a business purpose in the preceding 12 months,
the business shall disclose that fact.
(6) Ensure that all individuals responsible for
handling consumer inquiries about the business's privacy
practices or the business's compliance with this Act are
informed of all requirements under Sections 20, 25, and
35, and the requirements under this Section, and how to
direct consumers to exercise their rights under Sections

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

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

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

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(5) Collect, use, retain, sell, or disclose consumer
information that is deidentified or in the aggregate
consumer information.
(6) Collect or sell a consumer's personal information
if every aspect of that commercial conduct takes place
wholly outside of Illinois. For purposes of this Act,
commercial conduct takes place wholly outside of Illinois
if the business collected that information while the
consumer was outside of Illinois, no part of the sale of
the consumer's personal information occurred in Illinois,
and no personal information collected while the consumer
was in Illinois is sold. This paragraph shall not permit a
business from storing, including on a device, personal
information about a consumer when the consumer is in
Illinois and then collecting that personal information
when the consumer and stored personal information is
outside of Illinois.
(b) The obligations imposed on businesses by Sections 20
through 45 shall not: (i) apply where compliance by the
business with this Act would violate an evidentiary privilege
under Illinois law; and (ii) prevent a business from providing
the personal information of a consumer to a person covered by
an evidentiary privilege under Illinois law as part of a
privileged communication.
(c)(1) This Act shall not apply to any of the following:
(A) Medical information protected from disclosure

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under State confidentiality laws on patient health
information or protected health information that is
collected by a covered entity or business associate
governed by the privacy, security, and breach notification
rules issued by the United States Department of Health and
Human Services, Parts 160 and 164 of Title 45 of the Code
of Federal Regulations, established in accordance with the
Health Insurance Portability and Accountability Act of
1996 (Public Law 104-191) and the Health Information
Technology for Economic and Clinical Health Act (Public
Law 111-5).
(B) A provider of health care governed by State
confidentiality laws on patient health information or a
covered entity governed by the privacy, security, and
breach notification rules issued by the United States
Department of Health and Human Services, Parts 160 and 164
of Title 45 of the Code of Federal Regulations,
established in accordance the Health Insurance Portability
and Accountability Act of 1996 (Public Law 104-191), to
the extent the provider or covered entity maintains
patient information in the same manner as medical
information or protected health information as described
in subparagraph (A).
(C) Information collected as part of a clinical trial
subject to the Federal Policy for the Protection of Human
Subjects, also known as the Common Rule, in accordance

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

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

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of receipt of the request, together with the reasons for
the delay.
(2) If the business does not take action on the
request of the consumer, the business shall inform the
consumer, without delay and at the latest within the time
period permitted of response by this Section, of the
reasons for not taking action and any rights the consumer
may have to appeal the decision to the business.
(3) If requests from a consumer are manifestly
unfounded or excessive, in particular because of their
repetitive character, a business may either charge a
reasonable fee, taking into account the administrative
costs of providing the information or communication or
taking the action requested, or refuse to act on the
request and notify the consumer of the reason for refusing
the request. The business shall bear the burden of
demonstrating that any verified consumer request is
manifestly unfounded or excessive.
(h) A business that discloses personal information to a
service provider shall not be liable under this Act if the
service provider receiving the personal information uses it in
violation of the restrictions set forth in this Act, provided
that, at the time of disclosing the personal information, the
business does not have actual knowledge, or reason to believe,
that the service provider intends to commit such a violation.
A service provider shall likewise not be liable under this Act

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

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court shall consider any one or more of the relevant
circumstances presented by any of the parties to the case,
including, but not limited to, the nature and seriousness of
the misconduct, the number of violations, the persistence of
the misconduct, the length of time over which the misconduct
occurred, the willfulness of the defendant's misconduct, and
the defendant's assets, liabilities, and net worth.
(b) Actions under this Section may be brought by a
consumer if, prior to initiating any action against a business
for statutory damages on an individual or class-wide basis, a
consumer provides a business 30 days' written notice
identifying the specific provisions of this Act the consumer
alleges have been or are being violated. If a cure is possible,
if within the 30 days the business actually cures the noticed
violation and provides the consumer an express written
statement that the violations have been cured and that no
further violations shall occur, no action for individual
statutory damages or class-wide statutory damages may be
initiated against the business. No notice shall be required
prior to an individual consumer initiating an action solely
for actual pecuniary damages suffered as a result of the
alleged violations of this Act. If a business continues to
violate this Act in breach of the express written statement
provided to the consumer under this Section, the consumer may
initiate an action against the business to enforce the written
statement and may pursue statutory damages for each breach of

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the express written statement, as well as any other violation
of the title that postdates the written statement.
(c) The cause of action established by this Section shall
apply only to violations as defined in subsection (a) and
shall not be based on violations of any other Section of this
Act. Nothing in this Act shall be interpreted to serve as the
basis for a private right of action under any other law. This
shall not be construed to relieve any party from any duties or
obligations imposed under other law or the United States or
Illinois Constitution.
Section 60. Attorney General enforcement.
(a) Any business or third party may seek the opinion of the
Attorney General for guidance on how to comply with the
provisions of this Act.
(b) A business shall be in violation of this Act if it
fails to cure any alleged violation within 30 days after being
notified of alleged noncompliance. Any business, service
provider, or other person that violates this Act shall be
subject to an injunction and liable for a civil penalty of not
more than $2,500 for each violation or $7,500 for each
intentional violation, which shall be assessed and recovered
in a civil action brought in the name of the people of the
State of Illinois by the Attorney General. The civil penalties
provided for in this Section shall be exclusively assessed and
recovered in a civil action brought in the name of the people

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

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

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

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

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

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