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
 


HB3910LRB102 02781 KTG 12788 b



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 
 
 
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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 
 
 
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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.
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
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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 
 
 
HB3910- 47 -LRB102 02781 KTG 12788 b


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.