Bill Text: IL HB4093 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Creates the Protect Health Data Privacy Act. Provides that a regulated entity shall disclose and maintain a health data privacy policy that clearly and conspicuously discloses specified information. Sets forth provisions concerning health data privacy policies. Provides that a regulated entity shall not collect, share, or store health data, except in specified circumstances. Provides that it is unlawful for any person to sell or offer to sell health data concerning a consumer without first obtaining valid authorization from the consumer. Provides that a valid authorization to sell consumer health data must contain specified information; a copy of the signed valid authorization must be provided to the consumer; and the seller and purchaser of health data must retain a copy of all valid authorizations for sale of health data for 6 years after the date of its signature or the date when it was last in effect, whichever is later. Sets forth provisions concerning the consent required for collection, sharing, and storage of health data. Provides that a consumer has the right to withdraw consent from the collection, sharing, sale, or storage of the consumer's health data. Provides that it is unlawful for a regulated entity to engage in discriminatory practices against consumers solely because they have not provided consent to the collection, sharing, sale, or storage of their health data or have exercised any other rights provided by the provisions or guaranteed by law. Sets forth provisions concerning a consumer's right to confirm whether a regulated entity is collecting, selling, sharing, or storing any of the consumer's health data; a consumer's right to have the consumer's health data that is collected by a regulated entity deleted; prohibitions regarding geofencing; and consumer health data security. Provides that any person aggrieved by a violation of the provisions shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party. Provides that the Attorney General may enforce a violation of the provisions as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Defines terms. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB4093 Detail]

Download: Illinois-2023-HB4093-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4093 Introduced , by Rep. Ann M. Williams SYNOPSIS AS INTRODUCED:
New Act
815 ILCS 505/2BBBB new
Creates the Protect Health Data Privacy Act. Provides that a regulated entity shall disclose and maintain a health data privacy policy that clearly and conspicuously discloses specified information. Sets forth provisions concerning health data privacy policies. Provides that a regulated entity shall not collect, share, or store health data, except in specified circumstances. Provides that it is unlawful for any person to sell or offer to sell health data concerning a consumer without first obtaining valid authorization from the consumer. Provides that a valid authorization to sell consumer health data must contain specified information; a copy of the signed valid authorization must be provided to the consumer; and the seller and purchaser of health data must retain a copy of all valid authorizations for sale of health data for 6 years after the date of its signature or the date when it was last in effect, whichever is later. Sets forth provisions concerning the consent required for collection, sharing, and storage of health data. Provides that a consumer has the right to withdraw consent from the collection, sharing, sale, or storage of the consumer's health data. Provides that it is unlawful for a regulated entity to engage in discriminatory practices against consumers solely because they have not provided consent to the collection, sharing, sale, or storage of their health data or have exercised any other rights provided by the provisions or guaranteed by law. Sets forth provisions concerning a consumer's right to confirm whether a regulated entity is collecting, selling, sharing, or storing any of the consumer's health data; a consumer's right to have the consumer's health data that is collected by a regulated entity deleted; prohibitions regarding geofencing; and consumer health data security. Provides that any person aggrieved by a violation of the provisions shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party. Provides that the Attorney General may enforce a violation of the provisions as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Defines terms. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.
LRB103 32495 BMS 62014 b
A BILL FOR
HB4093 LRB103 32495 BMS 62014 b
AN ACT concerning regulation.
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
Protect Health Data Privacy Act.
Section 5. Definitions. As used in this Act:
"Collect" means to buy, rent, lease, access, retain,
receive, or acquire health data in any manner.
"Consent" means a clear affirmative act by a consumer that
unambiguously communicates the consumer's express, freely
given, informed, opt-in, voluntary, specific, and unambiguous
written agreement, including written consent provided by
electronic means, to the collection, sale, sharing, or storage
of health data. Consent may not be implied, and consent cannot
be obtained by:
(1) acceptance of a general or broad terms of use
agreement or a similar document that contains descriptions
of personal data processing along with other, unrelated
information;
(2) hovering over, muting, pausing, or closing a given
piece of digital content; or
(3) agreement obtained through the use of deceptive
designs.

HB4093 - 2 - LRB103 32495 BMS 62014 b
"Consumer" means a person who is a resident of this State,
however identified, including by any unique identifier. A
person located in this State when the person's health data is
collected by a regulated entity shall create a presumption
that the person is a resident of this State for purposes of
enforcing this Act. "Consumer" does not include an individual
acting in a commercial or employment context.
"Deceptive design" means any user interface or element
thereof that has the substantial effect of subverting,
impairing, or impeding an individual's autonomy,
decision-making, or choice.
"Deidentified data" means data that cannot be used to
infer information about, or otherwise be linked to, an
identified or identifiable individual, or a device linked to
such individual. A regulated entity that possesses
deidentified data shall: (i) take reasonable measures to
ensure that such data cannot be associated with an individual;
(ii) publicly commit to process such data only in a
deidentified fashion and not attempt to reidentify such data;
and (iii) contractually obligate any recipients of such data
to satisfy the criteria set forth in items (i) and (ii).
"Geofence" means technology that uses global positioning
coordinates, cell tower connectivity, cellular data, radio
frequency identification, wireless Internet data, or any other
form of spatial or location detection to establish a virtual
boundary around a specific physical location or to locate a

HB4093 - 3 - LRB103 32495 BMS 62014 b
consumer within a virtual boundary. For the purposes of this
Act, "geofence" means a virtual boundary that is no more than
1,750 feet around a specific physical location that provides
health services.
"Health data" means information regarding, relating to,
derived, or extrapolated from the past, present, or future
physical or mental health of a consumer, including, but not
limited to, any information relating to:
(1) individual health conditions, treatment, status,
diseases, or diagnoses;
(2) health related surgeries or procedures;
(3) use or purchase of medication;
(4) social, psychological, behavioral, and medical
interventions;
(5) bodily functions, vital signs, measurements, or
symptoms;
(6) diagnoses or diagnostic testing, treatment, or
medication;
(7) efforts to research or obtain health services or
supplies;
(8) health services or products that support or relate
to lawful health care, as defined by Public Act 102-1117;
(9) precise location information that could reasonably
be used to determine a consumer's attempt to acquire or
receive health services or supplies; and
(10) any information described in paragraphs (1)

HB4093 - 4 - LRB103 32495 BMS 62014 b
through (9) that is derived or extrapolated from
non-health information, including by use of algorithms or
machine learning, if such information is used or processed
in connection with the advertising, marketing, or
provision of health services.
"Health data" does not include:
(1) personal information collected with the consumer's
consent that is used to 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 and is approved, monitored, and
governed by an institutional review board, human subjects
research ethics review board, or a similar independent
oversight entity that determines that the regulated entity
has implemented reasonable safeguards to mitigate privacy
risks associated with research, including any risks
associated with reidentification; or
(2) deidentified data.
"Health services" means any service, medical care, or
information related to a consumer's health data provided to a
consumer.
"HIPAA" means the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, the Health
Information Technology for Economic and Clinical Health Act,
and any subsequent amendments thereto and any regulations
promulgated thereunder, including the Privacy Rule, as

HB4093 - 5 - LRB103 32495 BMS 62014 b
specified in 45 CFR 164.500-534, the Security Rule, as
specified in 45 CFR 164.302-318, and the Breach Notification
rule, as specified in 45 CFR 164.400-414.
"Homepage" means the introductory page of a website where
personal information is collected. In the case of an online
service, such as a mobile application, "homepage" means the
application's platform page or download page, such as from the
application configuration, "About" page, "Information" page,
or settings page, and any other location that allows consumers
to review the notice.
"Personal information" means information that identifies,
relates to, describes, is reasonably capable of being
associated with, or linked, directly or indirectly, with a
particular consumer or household. "Personal information" does
not include publicly available information or deidentified
data.
"Precise location information" means information that
identifies the location of an individual within a radius of
1,750 feet. "Precise location information" does not include:
(i) the content of communications, or (ii) any data generated
by or connected to advanced utility metering infrastructure
systems or equipment for use by a utility.
"Processor" means an individual or legal entity that
processes health data on behalf of a regulated entity pursuant
to a written agreement or contract. "Process" or "processing"
means arranging, storing, organizing, structuring, retrieving,

HB4093 - 6 - LRB103 32495 BMS 62014 b
transmission, or the otherwise making available of data.
"Publicly available" means information that is lawfully
made available from federal, State, or local government
records.
"Regulated entity" means any individual, partnership,
corporation, limited liability company, association, or other
group, however organized, that: (i) conducts business in this
State or produces products or services that are available to
consumers in this State; and (ii) for any purpose, handles,
collects, shares, sells, stores or otherwise deals with health
data. "Regulated entity" does not include government agencies,
tribal nations, a clerk of the court, or a judge or justice
thereof, or contracted service providers when processing
consumer health data on behalf of the government agency.
"Regulated entity" does not include any entity that is a
covered entity or a business associate, as defined in Section
160.103 of Title 45 of the Code of Federal Regulations,
subject to and in compliance with HIPAA to the extent such
entity is acting as a covered entity or business associate
under the Privacy and Security 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. "Regulated
entity" does not include any entity that is subject to and in
compliance with restrictions on disclosure of records under
Section 543 of the Public Health Service Act, 42 U.S.C.
290dd–2, to the extent such entity is acting in a capacity

HB4093 - 7 - LRB103 32495 BMS 62014 b
subject to such restrictions.
"Sell" or "sale" means when a regulated entity, directly
or indirectly, receives any form of remuneration or other
valuable consideration from the use of health data or from the
recipient of the health data in exchange for the health data.
"Sell" does not include:
(1) the sharing of health data to a recipient where
the regulated entity maintains control and ownership of
the health data;
(2) the sharing of health data to comply with
applicable laws or regulations;
(3) the use of the health data by an entity
exclusively at the direction of the regulated entity and
consistent with the purpose for which it was collected and
disclosed; and
(4) the transfer of health data to a third party as an
asset as part of a merger, acquisition, bankruptcy, or
other transaction in which the third party assumes control
of all or part of the regulated entity's assets that shall
comply with the requirements and obligations in this Act.
"Share" means to release, disclose, disseminate, divulge,
loan, make available, provide access to, license, or otherwise
communicate orally, in writing, or by electronic or other
means, health data by a regulated entity to a third party
except where the regulated entity maintains exclusive control
and ownership of the health data. "Share" does not include:

HB4093 - 8 - LRB103 32495 BMS 62014 b
(1) the disclosure of health data to a processor that
collects or processes the personal data on behalf of the
regulated entity, when the regulated entity maintains
control and ownership of the data and the processor
maintains or uses the health data only for the regulated
entity's distinct purposes pursuant to a contract;
(2) the disclosure of health data to a third party
with whom the consumer has a direct relationship for
purposes of and only to the extent necessary for providing
a product or service requested by the consumer when the
regulated entity maintains control and ownership of the
data and the third party maintains or uses the health data
only for the regulated entity's distinct purposes; or
(3) the disclosure or transfer of personal data to a
third party 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
regulated entity's assets and shall comply with the
requirements and obligations in this Act.
"Strictly necessary" means essential or required to be
done.
"Third party" means an entity other than a consumer,
regulated entity, service provider, or affiliate of the
regulated entity.
Section 10. Scope.

HB4093 - 9 - LRB103 32495 BMS 62014 b
(a) This Act applies to consumers seeking, researching, or
obtaining health services within this State, or information
about health services available in this State and regulated
entities.
(b) This Act does not affect an individual's right to
voluntarily share the individual's own health care information
with another person or entity.
Section 15. Health data privacy policy required.
(a) A regulated entity shall disclose and maintain a
health data privacy policy that, in plain language, clearly
and conspicuously discloses:
(1) the specific types of health data collected and
the purpose for which the data is collected and used;
(2) the categories of sources from which the health
data is collected;
(3) the specific types of health data that are shared,
sold, and stored;
(4) the categories of third parties with whom the
regulated entity collects, shares, sells, and stores
health data, and the process to withdraw consent from
having health data collected, shared, sold, and stored;
(5) a list of the specific third parties to which the
regulated entity shares health data, and an active
electronic mail address or other online mechanism that the
consumer may use to contact these third parties free of

HB4093 - 10 - LRB103 32495 BMS 62014 b
charge;
(6) how a consumer may exercise the rights provided in
this Act, including, but not limited to, identifying 2 or
more designated methods for a consumer to contact the
regulated entity in connection with the exercise of any
rights provided in this Act;
(7) the length of time the regulated entity intends to
retain each category of health data, or if that is not
possible, the criteria used to determine that period;
however, a regulated entity shall not retain health data
for each disclosed purpose for which the health data was
collected for longer than is reasonably necessary to
fulfill that disclosed purpose; and
(8) whether the regulated entity collects health data
when the consumer is not directly interacting with the
regulated entity or its services.
(b) A regulated entity shall prominently publish or link
to its health data privacy policy on its website homepage, or
in another manner that is clear and conspicuous to consumers.
Its health data privacy policy must be distinguishable from
other matters. Any regulated entity providing health services
in a physical location shall also post its health data privacy
policy in a conspicuous place that is readily available for
viewing by consumers.
(c) A regulated entity shall not collect, share, sell, or
store additional categories of health data not disclosed in

HB4093 - 11 - LRB103 32495 BMS 62014 b
the health data privacy policy without first disclosing the
additional categories of health data and obtaining the
consumer's consent before the collection, sharing, selling, or
storing of the health data.
(d) A regulated entity shall not collect, share, sell, or
store health data for additional purposes not disclosed in the
health data privacy policy without first disclosing the
additional purposes and obtaining the consumer's consent
before the collection, sharing, selling, or storing of the
health data.
(e) It is a violation of this Act for a regulated entity to
contract with a processor to process consumer health data in a
manner that is inconsistent with the regulated entity's
consumer health data privacy policy.
Section 20. Prohibition on collection, sharing, or storing
of health data. A regulated entity shall not collect, share,
or store health data, except:
(1) with the consent of the consumer to whom the
information relates for a specified purpose; or
(2) as is strictly necessary to provide a product or
service that the consumer to whom the health data relates
has specifically requested from the regulated entity.
Section 25. Prohibition on sale of health data.
(a) It is unlawful for any person to sell or offer to sell

HB4093 - 12 - LRB103 32495 BMS 62014 b
health data concerning a consumer without first obtaining
valid authorization from the consumer. The sale of consumer
health data must be consistent with the valid authorization
signed by the consumer.
(b) A valid authorization to sell consumer health data is
an agreement consistent with this Section and must be written
in plain language. The valid authorization to sell consumer
health data must contain the following:
(1) the specific consumer health data concerning the
consumer that the person intends to sell;
(2) the name and contact information of any person or
entity collecting and selling the health data;
(3) the name and contact information of any person or
entity purchasing the health data from the seller
identified in paragraph (2) of this subsection;
(4) a description of the purpose for the sale,
including how the health data will be gathered and how it
will be used by the purchaser identified in paragraph (3)
of this subsection when sold;
(5) a statement that the provision of goods or
services may not be conditioned on the consumer signing
the valid authorization;
(6) a statement that the consumer has a right to
revoke the valid authorization at any time and a
description on how a consumer may revoke the valid
authorization;

HB4093 - 13 - LRB103 32495 BMS 62014 b
(7) a statement that the consumer health data sold
pursuant to the valid authorization may be subject to
redisclosure by the purchaser and may no longer be
protected by this Section;
(8) an expiration date for the valid authorization
that expires one year from when the consumer signs the
valid authorization; and
(9) the signature of the consumer and date.
(c) An authorization is not valid if the document has any
of the following defects:
(1) the expiration date has passed;
(2) the authorization does not contain all the
information required under this Section;
(3) the authorization has been revoked by the
consumer;
(4) the authorization has been combined with other
documents to create a compound authorization; or
(5) the provision of goods or services is conditioned
on the consumer signing the authorization.
(d) A copy of the signed valid authorization must be
provided to the consumer.
(e) The seller and purchaser of health data must retain a
copy of all valid authorizations for sale of health data for 6
years after the date of its signature or the date when it was
last in effect, whichever is later.

HB4093 - 14 - LRB103 32495 BMS 62014 b
Section 30. Consent required for collection, sharing, and
storage of health data.
(a) A regulated entity shall not seek consent to collect,
share, or store health data without first disclosing its
health data privacy policy as required under Section 15.
(b) Consent required under this Section must be obtained
before the collection, sharing, or storing, as applicable, of
any health data, and the request for consent must clearly and
conspicuously disclose, separate and apart from its health
data privacy policy:
(1) the categories of health data collected, sold,
shared, or stored;
(2) the purpose of the collection, sharing, or storage
of the health data, including the specific ways in which
it will be used; and
(3) how the consumer can withdraw consent from future
collection, sharing, or storage of their health data.
(c) Consent required under this Section must be obtained
before the use of any health data for any additional purpose
that was not specified before obtaining a consumer's consent
for the use of the health data.
Section 35. Right to withdraw consent. A consumer has the
right to withdraw consent from the collection, sharing, sale,
or storage of the consumer's health data, consistent with the
requirements of Section 30.

HB4093 - 15 - LRB103 32495 BMS 62014 b
Section 40. Prohibition on discriminatory practices.
(a) It is unlawful for a regulated entity to engage in
discriminatory practices against a consumer solely because the
consumer has not provided consent to the collection, sharing,
sale, or storage of the consumer's health data pursuant to
this Act, or have exercised any other rights provided by this
Act or guaranteed by law. Discriminatory practices include,
but are not limited to:
(1) denying or limiting goods or services to the
consumer;
(2) imposing additional requirements or restrictions
on the individual that would not be necessary if the
consumer provided their consent;
(3) providing materially different treatment to
consumers who provide consent as compared to consumers who
do not provide consent;
(4) providing or suggesting that the consumer will
receive a lower level or quality of goods or services;
(5) suggesting that the consumer will receive a
different price or rate for goods or services; or
(6) charging different prices or rates for goods or
services, including using discounts or other benefits or
imposing penalties.
(b) It shall not be a discriminatory practice under this
Section to use health data as is strictly necessary to provide

HB4093 - 16 - LRB103 32495 BMS 62014 b
a product or service that the consumer to whom the health data
relates has specifically requested from a regulated entity.
Section 45. Right to confirm. A consumer has the right to
confirm whether a regulated entity is collecting, selling,
sharing, or storing any of the consumer's health data, and to
confirm that a regulated entity has deleted the consumer's
health data following a deletion request pursuant to Section
50. A regulated entity that receives a consumer request to
confirm shall respond within 45 calendar days after receiving
the request to confirm from the consumer. The regulated entity
shall, without reasonable delay, promptly take all steps
necessary to verify the consumer's request, but this shall not
extend the regulated entity's duty to respond within 45 days
of receipt of the consumer's request. The time period to
provide the required confirmation may be extended once by an
additional 45 calendar days when reasonably necessary, if the
consumer is provided notice of the extension within the first
45-day period.
Section 50. Right to deletion.
(a) A consumer has the right to have the consumer's health
data that is collected by a regulated entity deleted by
informing the regulated entity of the consumer's request for
deletion, except as provided in subsection (g).
(b) Except as otherwise specified in subsection (f), a

HB4093 - 17 - LRB103 32495 BMS 62014 b
regulated entity that receives a consumer request to delete
any of the consumer's health data shall without unreasonable
delay, and no more than 45 calendar days from receiving the
deletion request:
(1) delete the consumer's health data from its
records, including from all parts of the regulated
entity's network; and
(2) notify all service providers, contractors, and
third parties with whom the regulated entity has shared
the consumer's health data of the deletion request.
(c) If a regulated entity stores any health data on
archived or backup systems, it may delay compliance with the
consumer's request to delete with respect to the health data
stored on the archived or backup system until the archived or
backup system relating to that data is restored to an active
system or is next accessed or used.
(d) Any processor, service provider, contractor, and other
third party that receives notice of a consumer's deletion
request from a regulated entity shall honor the consumer's
deletion request and delete the health data from the regulated
entity's records, including from all parts of its network or
backup systems.
(e) A consumer or a consumer's authorized agent may
exercise the rights set forth in this Act by submitting a
request, at any time, to a regulated entity. Such a request may
be made by:

HB4093 - 18 - LRB103 32495 BMS 62014 b
(1) contacting the regulated entity through the manner
included in its health data privacy policy;
(2) by designating an authorized agent who may
exercise the rights on behalf of the consumer;
(3) in the case of collecting health data of a minor,
the minor seeking health services may exercise their
rights under this Act, or the parent or legal guardian of
the minor may exercise the rights of this Act on the
minor's behalf; or
(4) in the case of collecting health data concerning a
consumer subject to guardianship, conservatorship, or
other protective arrangement under the Probate Act of
1975, the guardian or the conservator of the consumer may
exercise the rights of this Act on the consumer's behalf.
(f) The time period to delete any of the consumer's health
data may be extended once by an additional 30 calendar days
when reasonably necessary, if the consumer is provided notice
of the extension within the first 30-day period.
(g) Neither a regulated entity nor a processor shall be
required to comply with a consumer's request to delete the
consumer's health data if it is necessary for the regulated
entity or the processor to maintain the consumer's health data
to:
(1) complete the transaction for which the health data
was collected, provide a good or service requested by the
consumer, or otherwise fulfill the requirements of an

HB4093 - 19 - LRB103 32495 BMS 62014 b
agreement between the regulated entity and the consumer;
(2) detect security incidents, protect against
malicious, deceptive, fraudulent, or illegal activity, if
the use of health data for such purposes is limited in time
pursuant to a valid record retention schedule;
(3) 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, if the entities' deletion of the information is
likely to render impossible or seriously impair the
achievement of such research, and if the consumer has
provided consent to such use of their health data;
(4) comply with an applicable legal obligation, such
as data retention requirements set forth in Section 6 of
the Hospital Licensing Act, 45 CFR 164.316, and 45 CFR
164.530;
(5) comply with an applicable legal obligation if the
regulated entity has been notified, in writing by an
attorney, that there is litigation pending in court
involving the consumer's health data as possible evidence
and that the consumer is their client or is the person who
has instituted the litigation against their client, then
the regulated entity shall retain the record of that
consumer until notified in writing by the plaintiff's
attorney, with the approval of the defendant's attorney of
record, that the case in court involving the record has

HB4093 - 20 - LRB103 32495 BMS 62014 b
been concluded or for a period of 12 years after the date
that the record was produced, whichever occurs first in
time; or
(6) otherwise use the consumer's health data,
internally, in a lawful manner that is compatible with the
context in which the consumer provided their health data.
Section 55. Authentication of consumer identity.
(a) A regulated entity that receives a consumer request to
confirm or delete may take reasonable measures to authenticate
the consumer's identity to a reasonably high degree of
certainty. A reasonably high degree of certainty may include
matching at least 3 pieces of personal information provided by
the consumer with personal information maintained by the
regulated entity that it has determined to be reliable for the
purpose of authenticating the consumer together with a signed
declaration under penalty of perjury that the consumer making
the request is the consumer whose health data is the subject of
the request. If a regulated entity uses this method for
authentication, the regulated entity shall make all forms
necessary for authentication of a consumer's identity
available to consumers, and shall maintain all signed
declarations as part of its recordkeeping obligations.
(b) A regulated entity is not required to comply with a
consumer request to confirm or delete if the regulated entity,
using commercially reasonable efforts, is unable to

HB4093 - 21 - LRB103 32495 BMS 62014 b
authenticate the identity of the consumer making the request.
If a regulated entity is unable to authenticate the consumer's
identity, the regulated entity shall inform the consumer that
it was unable to authenticate the consumer's identity and
advise the consumer of other methods, if available, of
authenticating their identity.
(c) If a regulated entity denies an authenticated consumer
request to delete that consumer's health data, in whole or in
part, because of a conflict with federal or State law, the
regulated entity shall inform the requesting consumer and
explain the basis for the denial, unless prohibited from doing
so by law.
(d) Any information provided by a consumer to a regulated
entity for the purpose of authenticating the consumer's
identity shall not be used for any purpose other than
authenticating the consumer's identity and shall be destroyed
immediately following the authentication process.
Section 60. Consumer health data security and
minimization.
(a) A regulated entity shall restrict access to health
data by the employees, processors, service providers, and
contractors of the regulated entity to only those employees,
processors, services providers, and contractors for which
access is necessary to provide a product or service that the
consumer to whom the health data relates has requested from

HB4093 - 22 - LRB103 32495 BMS 62014 b
the regulated entity.
(b) A regulated entity shall establish, implement, and
maintain administrative, technical, and physical data security
practices that at least satisfy a reasonable standard of care
within the regulated entity's industry to protect the
confidentiality, integrity, and accessibility of health data
appropriate to the volume and nature of the personal data at
issue.
Section 65. Prohibition on geofencing.
(a) It shall be unlawful for any person to implement a
geofence that enables the sending of a notification, message,
alert, or other piece of information to a consumer that enters
the perimeter around any entity that provides health services.
(b) It shall be unlawful for any person to implement a
geofence around any entity that provides in-person health care
services where the geofence is used to identify, track, or
collect data from a consumer that enters the virtual
perimeter.
Section 70. Private right of action. Any person aggrieved
by a violation of this Act shall have a right of action in a
State circuit court or as a supplemental claim in federal
district court against an offending party. A prevailing party
may recover for each violation:
(1) against any offending party that negligently

HB4093 - 23 - LRB103 32495 BMS 62014 b
violates a provision of this Act, liquidated damages of
$1,000 or actual damages, whichever is greater;
(2) against any offending party that intentionally or
recklessly violates a provision of this Act, liquidated
damages of $5,000 or actual damages, whichever is greater;
(3) reasonable attorney's fees and costs, including
expert witness fees and other litigation expenses; and
(4) other relief, including an injunction, as the
State or federal court may deem appropriate.
Section 75. Enforcement by the Attorney General. The
Attorney General may enforce a violation of this Act as an
unlawful practice under the Consumer Fraud and Deceptive
Business Practices Act. All rights and remedies provided the
Attorney General under the Consumer Fraud and Deceptive
Business Practices Act shall be available for enforcement of a
violation of this Act.
Section 80. Conflict with other laws.
(a) Nothing in this Act shall be construed to prohibit the
lawful and authorized disclosure of health data by regulated
entities to local health departments or State government
agencies or by or among local health departments and State
government agencies as may be required by State and federal
law, including under the Adult Protective Services Act, the
Abused and Neglected Child Reporting Act, the Criminal Code of

HB4093 - 24 - LRB103 32495 BMS 62014 b
2012, and the Disclosure of Offenses Against Children Act.
(b) If any provision of this Act, or the application
thereof to any person or circumstance, is held invalid, the
remainder of this Act and the application of such provision to
other persons not similarly situated or to other circumstances
shall not be affected by the invalidation.
(c) This Act shall not apply to personal information
collected, processed, sold, or disclosed subject to the
federal Gramm-Leach-Bliley Act, Public Law 106-102, and
implementing regulations.
Section 900. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2BBBB as follows:
(815 ILCS 505/2BBBB new)
Sec. 2BBBB. Violations of the Protect Health Data Privacy
Act. Any person who violates the Protect Health Data Privacy
Act commits an unlawful practice within the meaning of this
Act.