Bill Text: IL SB1624 | 2019-2020 | 101st General Assembly | Engrossed

Bill Title: Amends the Personal Information Protection Act. Provides that a data collector required to report breaches to more than 100 Illinois residents as a result of a single breach must also report to the Attorney General. Provides that the Attorney General shall report to the General Assembly specified information concerning breaches of data security by February 1 of each year.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Engrossed) 2019-05-09 - Added as Co-Sponsor Sen. Jennifer Bertino-Tarrant [SB1624 Detail]

Download: Illinois-2019-SB1624-Engrossed.html

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1 AN ACT concerning business.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Personal Information Protection Act is
5amended by changing Section 10 as follows:
6 (815 ILCS 530/10)
7 Sec. 10. Notice of breach; notice to Attorney General.
8 (a) Any data collector that owns or licenses personal
9information concerning an Illinois resident shall notify the
10resident at no charge that there has been a breach of the
11security of the system data following discovery or notification
12of the breach. The disclosure notification shall be made in the
13most expedient time possible and without unreasonable delay,
14consistent with any measures necessary to determine the scope
15of the breach and restore the reasonable integrity, security,
16and confidentiality of the data system. The disclosure
17notification to an Illinois resident shall include, but need
18not be limited to, information as follows:
19 (1) With respect to personal information as defined in
20 Section 5 in paragraph (1) of the definition of "personal
21 information":
22 (A) the toll-free numbers and addresses for
23 consumer reporting agencies;

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1 (B) the toll-free number, address, and website
2 address for the Federal Trade Commission; and
3 (C) a statement that the individual can obtain
4 information from these sources about fraud alerts and
5 security freezes.
6 (2) With respect to personal information defined in
7 Section 5 in paragraph (2) of the definition of "personal
8 information", notice may be provided in electronic or other
9 form directing the Illinois resident whose personal
10 information has been breached to promptly change his or her
11 user name or password and security question or answer, as
12 applicable, or to take other steps appropriate to protect
13 all online accounts for which the resident uses the same
14 user name or email address and password or security
15 question and answer.
16 The notification shall not, however, include information
17concerning the number of Illinois residents affected by the
19 (b) Any data collector that maintains or stores, but does
20not own or license, computerized data that includes personal
21information that the data collector does not own or license
22shall notify the owner or licensee of the information of any
23breach of the security of the data immediately following
24discovery, if the personal information was, or is reasonably
25believed to have been, acquired by an unauthorized person. In
26addition to providing such notification to the owner or

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1licensee, the data collector shall cooperate with the owner or
2licensee in matters relating to the breach. That cooperation
3shall include, but need not be limited to, (i) informing the
4owner or licensee of the breach, including giving notice of the
5date or approximate date of the breach and the nature of the
6breach, and (ii) informing the owner or licensee of any steps
7the data collector has taken or plans to take relating to the
8breach. The data collector's cooperation shall not, however, be
9deemed to require either the disclosure of confidential
10business information or trade secrets or the notification of an
11Illinois resident who may have been affected by the breach.
12 (b-5) The notification to an Illinois resident required by
13subsection (a) of this Section may be delayed if an appropriate
14law enforcement agency determines that notification will
15interfere with a criminal investigation and provides the data
16collector with a written request for the delay. However, the
17data collector must notify the Illinois resident as soon as
18notification will no longer interfere with the investigation.
19 (c) For purposes of this Section, notice to consumers may
20be provided by one of the following methods:
21 (1) written notice;
22 (2) electronic notice, if the notice provided is
23 consistent with the provisions regarding electronic
24 records and signatures for notices legally required to be
25 in writing as set forth in Section 7001 of Title 15 of the
26 United States Code; or

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1 (3) substitute notice, if the data collector
2 demonstrates that the cost of providing notice would exceed
3 $250,000 or that the affected class of subject persons to
4 be notified exceeds 500,000, or the data collector does not
5 have sufficient contact information. Substitute notice
6 shall consist of all of the following: (i) email notice if
7 the data collector has an email address for the subject
8 persons; (ii) conspicuous posting of the notice on the data
9 collector's web site page if the data collector maintains
10 one; and (iii) notification to major statewide media or, if
11 the breach impacts residents in one geographic area, to
12 prominent local media in areas where affected individuals
13 are likely to reside if such notice is reasonably
14 calculated to give actual notice to persons whom notice is
15 required.
16 (d) Notwithstanding any other subsection in this Section, a
17data collector that maintains its own notification procedures
18as part of an information security policy for the treatment of
19personal information and is otherwise consistent with the
20timing requirements of this Act, shall be deemed in compliance
21with the notification requirements of this Section if the data
22collector notifies subject persons in accordance with its
23policies in the event of a breach of the security of the system
25 (e)(1) This subsection does not apply to data collectors
26that are covered entities or business associates and are in

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1compliance with Section 50.
2 (2) Any data collector required to issue notice pursuant to
3this Section to more than 500 Illinois residents as a result of
4a single breach of the security system shall provide notice to
5the Attorney General of the breach, including:
6 (A) A description of the nature of the breach of
7 security or unauthorized acquisition or use.
8 (B) The number of Illinois residents affected by such
9 incident at the time of notification.
10 (C) Any steps the data collector has taken or plans to
11 take relating to the incident.
12 Such notification must be made in the most expedient time
13possible and without unreasonable delay but in no event later
14than when the data collector provides notice to consumers
15pursuant to this Section. If the date of the breach is unknown
16at the time the notice is sent to the Attorney General, the
17data collector shall send the Attorney General the date of the
18breach as soon as possible.
19 Upon receiving notification from a data collector of a
20breach of personal information, the Attorney General may
21publish the name of the data collector that suffered the
22breach, the types of personal information compromised in the
23breach, and the date range of the breach.
24(Source: P.A. 99-503, eff. 1-1-17; 100-201, eff. 8-18-17.)