Bill Text: IL SB3517 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Privacy Rights Act. Sets forth duties and obligations of businesses that collected consumers' personal information and sensitive personal information to keep such information private. Sets forth consumer rights in relation to the collected personal information and sensitive personal information, including the right to: delete personal information; correct inaccurate personal information; know what personal information is sold or shared and to whom; opt out of the sale or sharing of personal information; limit use and disclosure of sensitive personal information; and no retaliation for exercising any rights. Sets forth enforcement provisions. Creates the Consumer Privacy Fund. Allows the Attorney General to create rules to implement the Act. Establishes the Privacy Protection Agency. Includes provisions regarding remedies and fines for violations of the Act. Makes a conforming change in the State Finance Act.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-03-06 - Added as Co-Sponsor Sen. Sally J. Turner [SB3517 Detail]

Download: Illinois-2023-SB3517-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3517 Introduced 2/9/2024, by Sen. Sue Rezin SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.1015 new
Creates the Privacy Rights Act. Sets forth duties and obligations of businesses that collected consumers' personal information and sensitive personal information to keep such information private. Sets forth consumer rights in relation to the collected personal information and sensitive personal information, including the right to: delete personal information; correct inaccurate personal information; know what personal information is sold or shared and to whom; opt out of the sale or sharing of personal information; limit use and disclosure of sensitive personal information; and no retaliation for exercising any rights. Sets forth enforcement provisions. Creates the Consumer Privacy Fund. Allows the Attorney General to create rules to implement the Act. Establishes the Privacy Protection Agency. Includes provisions regarding remedies and fines for violations of the Act. Makes a conforming change in the State Finance Act.
LRB103 35732 LNS 65813 b
A BILL FOR
SB3517 LRB103 35732 LNS 65813 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 5. General
Section 5-1. Short title. This Act may be cited as the
Privacy Rights Act.
Section 5-5. Purpose and intent. In enacting this Act, it
is the purpose and intent of the State to further protect
consumers' rights, including the constitutional right of
privacy. The implementation of this Act shall be guided by the
following principles:
(1) Consumers should know who is collecting their
personal information and that of their children, how it is
being used, and to whom it is disclosed so that they have
the information necessary to exercise meaningful control
over businesses' use of their personal information and
that of their children.
(2) Consumers should be able to control the use of
their personal information, including limiting the use of
their sensitive personal information, the unauthorized use
or disclosure of which creates a heightened risk of harm
to the consumer, and they should have meaningful options

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over how it is collected, used, and disclosed.
(3) Consumers should have access to their personal
information and should be able to correct it, delete it,
and take it with them from one business to another.
(4) Consumers or their authorized agents should be
able to exercise these options through easily accessible
self-serve tools.
(5) Consumers should be able to exercise these rights
without being penalized for doing so.
(6) Consumers should be able to hold businesses
accountable for failing to take reasonable precautions to
protect their most sensitive personal information from
hackers and security breaches.
(7) Consumers should benefit from businesses' use of
their personal information.
(8) The privacy interests of employees and independent
contractors should also be protected, taking into account
the differences in the relationship between employees or
independent contractors and businesses as compared to the
relationship between consumers and businesses. This Act is
not intended to interfere with the right to organize and
collective bargaining under the federal National Labor
Relations Act.
(9) Businesses should specifically and clearly inform
consumers about how they collect and use personal
information and how they can exercise their rights and

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choice.
(10) Businesses should only collect consumers'
personal information for specific, explicit, and
legitimate disclosed purposes and should not further
collect, use, or disclose consumers' personal information
for reasons incompatible with those purposes.
(11) Businesses should collect consumers' personal
information only to the extent that it is relevant and
limited to what is necessary in relation to the purposes
for which it is being collected, used, and shared.
(12) Businesses should provide consumers or their
authorized agents with easily accessible means to allow
consumers and their children to obtain their personal
information, to delete it or correct it, to opt out of its
sale and sharing across business platforms, services,
businesses, and devices, and to limit the use of their
sensitive personal information.
(13) Businesses should not penalize consumers for
exercising these rights.
(14) Businesses should take reasonable precautions to
protect consumers' personal information from a security
breach.
(15) Businesses should be held accountable when they
violate consumers' privacy rights, and the penalties
should be higher when the violation affects children.
(16) The rights of consumers and the responsibilities

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of businesses should be implemented with the goal of
strengthening consumer privacy while giving attention to
the impact on business and innovation. Consumer privacy
and the development of beneficial new products and
services are not necessarily incompatible goals. Strong
consumer privacy rights create incentives to innovate and
develop new products that are privacy protective.
(17) Businesses and consumers should be provided with
clear guidance about their responsibilities and rights.
(18) The law should place the consumer in a position
to knowingly and freely negotiate with a business over the
business' use of the personal information.
(19) The law should adjust to technological changes,
help consumers exercise their rights, and assist
businesses with compliance with the continuing goal of
strengthening consumer privacy.
(20) The law should enable proconsumer new products
and services and promote efficiency of implementation for
business as long as the law does not compromise or weaken
consumer privacy.
(21) The law should be amended, if necessary, to
improve its operation, as long as the amendments do not
compromise or weaken consumer privacy, while giving
attention to the impact on business and innovation.
(22) Businesses should be held accountable for
violating the law through vigorous administrative and

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civil enforcement.
(23) To the extent it advances consumer privacy and
business compliance, the law should be compatible with
privacy laws in other jurisdictions.
Section 5-10. Definitions. As used in this Act:
"Advertising and marketing" means a communication by a
business or person acting on behalf of the business in any
medium intended to induce a consumer to obtain goods,
services, or employment.
"Agency" means the Privacy Protection Agency.
"Aggregate consumer information" means information that
relates to a group or category of consumers, from which
individual consumer identities have been removed, that is not
linked or reasonably linkable to any consumer or household,
including via a device. "Aggregate consumer information" does
not include one or more individual consumer records that have
been deidentified.
"Biometric information" means an individual's
physiological, biological, or behavioral characteristics,
including information pertaining to an individual's
deoxyribonucleic acid (DNA), that is used or is intended to be
used singly or in combination with each other or with other
identifying data, to establish individual identity. "Biometric
information" includes, but is not limited to, imagery of the
iris, retina, fingerprint, face, hand, palm, vein patterns,

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and voice recordings, from which an identifier template, such
as a faceprint, a minutiae template, or a voiceprint, can be
extracted, and keystroke patterns or rhythms, gait patterns or
rhythms, and sleep, health, or exercise data that contain
identifying information.
"Business" means:
(1) a sole proprietorship, partnership, limited
liability company, corporation, association, or other
legal entity that is organized or operated for the profit
or financial benefit of its shareholders or other owners,
that collects consumers' personal information, or on the
behalf of which such information is collected and that
determines the purposes and means of the processing of
consumers' personal information, does business in this
State, and satisfies one or more of the following
thresholds:
(A) as of January 1 of the calendar year, had
annual gross revenues in excess of $25,000,000 in the
preceding calendar year;
(B) alone or in combination, annually, buys,
sells, or shares the personal information of 100,000
or more consumers or households; or
(C) derives 50% or more of its annual revenues
from selling or sharing consumers' personal
information;
(2) any entity that controls or is controlled by a

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business and that shares common branding with the business
and with whom the business shares consumers' personal
information;
(3) a joint venture or partnership composed of
businesses in which each business has at least a 40%
interest; or
(4) a person that does business in this State, that is
not covered by paragraph (1), (2), or (3) of this
definition and that voluntarily certifies to this Act that
it is in compliance with, and agrees to be bound by, this
Act.
"Business associate" has the meaning given to that term in
Section 160.103 of Title 45 of the Code of Federal
Regulations.
"Business controller information" means the name or names
of the owner or owners, director, officer, or management
employee of a business and the contact information, including
a business title, for the owner or owners, director, officer,
or management employee.
"Business purpose" means the use of personal information
for the business's operational purposes, or other notified
purposes, or for the service provider's or contractor's
operational purposes, as long as the use of personal
information is reasonably necessary and proportionate to
achieve the purpose for which the personal information was
collected or processed or for another purpose that is

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compatible with the context in which the personal information
was collected. "Business purposes" includes:
(1) auditing related to counting ad impressions to
unique visitors, verifying positioning and quality of ad
impressions, and auditing compliance with this
specification and other standards;
(2) helping to ensure security and integrity to the
extent the use of the personal information is reasonably
necessary and proportionate for these purposes;
(3) debugging to identify and repair errors that
impair existing intended functionality;
(4) short-term, transient use, including, but not
limited to, nonpersonalized advertising shown as part of a
consumer's current interaction with the business, as long
as the personal information is not disclosed to another
third party and is not used to build a profile about the
consumer or otherwise alter the consumer's experience
outside the current interaction with the business;
(5) performing services on behalf of the business,
including maintaining or servicing accounts, providing
customer service, processing or fulfilling orders and
transactions, verifying customer information, processing
payments, providing financing, providing analytic
services, providing storage, or providing similar services
on behalf of the business;
(6) providing advertising and marketing services,

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except for cross-context behavioral advertising, to the
consumer, as long as a service provider or contractor does
not combine the personal information of consumers who
opted-out that the service provider or contractor receives
from, or on behalf of, the business with personal
information that the service provider or contractor
receives from, or on behalf of, another person or persons
or collects from its own interaction with consumers;
(7) undertaking internal research for technological
development and demonstration; and
(8) undertaking activities to verify or maintain the
quality or safety of a service or device that is owned,
manufactured, manufactured for, or controlled by the
business, and to improve, upgrade, or enhance the service
or device that is owned, manufactured, manufactured for,
or controlled by the business.
"Collects", "collected", or "collection" means buying,
renting, gathering, obtaining, receiving, or accessing any
personal information pertaining to the consumer by any means.
"Collects", "collected", or "collection" includes receiving
information from the consumer, either actively or passively,
or by observing the consumer's behavior.
"Commercial credit reporting agency" means any person who,
for monetary fees, dues, or on a cooperative nonprofit basis,
provides commercial credit reports to third parties.
"Commercial purposes" means to advance a person's

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commercial or economic interests, such as by inducing another
person to buy, rent, lease, join, subscribe to, provide, or
exchange products, goods, property, information, or services,
or enabling or effecting, directly or indirectly, a commercial
transaction.
"Common branding" means a shared name, service mark, or
trademark that the average consumer would understand that 2 or
more entities are commonly owned.
"Consent" means any freely given, specific, informed, and
unambiguous indication of the consumer's wishes by which the
consumer, the consumer's legal guardian, or a person who has
power of attorney signifies agreement to the processing of
personal information relating to the consumer for a narrowly
defined particular purpose. "Consent" does not include
acceptance of a general or broad terms of use, or similar
document, that contains descriptions of personal information
processing along with other, unrelated information, hovering
over, muting, pausing, or closing a given piece of content, or
an agreement obtained through use of dark patterns.
"Consumer" means a natural person who is a State resident,
however identified, including by any unique identifier.
"Contractor" means a person to whom the business makes
available personal information for a business purpose, under
the written contract with the business, if the contract:
(1) prohibits the contractor from:
(A) selling or sharing the personal information;

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(B) retaining, using, or disclosing the personal
information for any purpose other than for the
business purpose specified in the contract, including
retaining, using, or disclosing the personal
information for a commercial purpose other than the
business purposes specified in the contract, or as
otherwise permitted by this Act;
(C) retaining, using, or disclosing the personal
information outside of the direct business
relationship between the contractor and the business;
and
(D) combining the personal information that the
contractor receives under a written contract with the
business with personal information that it receives on
behalf of another person or persons, or collects from
its own interaction with the consumer;
(2) includes a certification made by the contractor
that the contractor understands the restrictions in
paragraph (1) and will comply with them; and
(3) permits, subject to agreement with the contractor,
the business to monitor the contractor's compliance with
the contract through measures, including, but not limited
to, ongoing manual reviews and automated scans and regular
assessments, audits, or other technical and operational
testing at least once every 12 months.
"Control" or "controlled" means ownership of, or the power

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to vote, more than 50% of the outstanding shares, control in
any manner over the election of a majority of directors, or of
individuals exercising similar functions, or the power to
exercise a controlling influence over the management of the
company.
"Covered entity" has the meaning given to that term in
Section 160.103 of Title 45 of the Code of Federal
Regulations.
"Cross-context behavioral advertising" means the targeting
of advertising to a consumer based on the personal information
obtained from the consumer's activity across businesses,
distinctly branded websites, applications, or services, other
than the business, distinctly branded website, application, or
service with which the consumer intentionally interacts.
"Dark pattern" means a user interface designed or
manipulated with the substantial effect of subverting or
impairing user autonomy, decision-making, or choice.
"Deidentified" means information that cannot be reasonably
used to infer information about, or otherwise be linked to, a
particular consumer if the business that possesses the
information:
(1) takes reasonable measures to ensure that the
information cannot be associated with a consumer or
household;
(2) publicly commits to maintain and use the
information in deidentified form and not to attempt to

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reidentify the information; and
(3) contractually obligates any recipients of the
information to comply with all provisions of this
definition.
"Designated methods for submitting requests" means a
mailing address, email address, Internet webpage, Internet web
portal, toll-free telephone number, or other applicable
contact information, whereby consumers may submit a request or
direction under this Act, and any new, consumer-friendly means
of contacting a business.
"Device" means any physical object that is capable of
connecting to the Internet, directly or indirectly, or to
another device.
"Director" means a natural person designated in the
articles of incorporation as director, or elected by the
incorporators and natural persons designated, elected, or
appointed by any other name or title to act as directors, and
their successors.
"Educational standardized assessment or educational
assessment" means a standardized or nonstandardized quiz,
test, or other assessment used to evaluate students in or for
entry to kindergarten and grades 1 through 12, schools,
postsecondary institutions, vocational programs, and
postgraduate programs that are accredited by an accrediting
agency or organization recognized by the State or the United
States Department of Education, as well as certification and

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licensure examinations used to determine competency and
eligibility to receive certification or licensure from a
government agency or government certification body.
"Family" means a custodial parent or guardian and any
children under 18 years of age over which the parent or
guardian has custody.
"Fraudulent concealment" means the person knows of
material facts related to the person's duties under this Act
and knowingly conceals the facts in performing or omitting to
perform those duties for the purpose of defrauding the public
of information to which it is entitled under this Act.
"Homepage" means the introductory page of an Internet
website and any Internet webpage where personal information is
collected. "Homepage", in the case of an online service such
as a mobile application, means the application's platform page
or download page, a link within the application, such as from
the application configuration, "About", "Information", or
settings page, and any other location that allows consumers to
review the notices required by this Act, including, but not
limited to, before downloading the application.
"Household" means a group, however identified, of
consumers who cohabitate with one another at the same
residential address and share use of common devices or
services.
"Independent contractor" means a natural person who
provides any service to a business under a written contract.

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"Individually identifiable" means that the medical
information includes or contains any element of personal
identifying information sufficient to allow identification of
the individual, such as the patient's name, address, email
address, telephone number, or social security number, or other
information that, alone or in combination with other publicly
available information, reveals the identity of the individual.
"Infer" or "inference" means the derivation of
information, data, assumptions, or conclusions from facts,
evidence, or other sources of information or data.
"Insurance institution" means any corporation,
association, partnership, reciprocal exchange, interinsurer,
fraternal benefit society, or other person engaged in the
business of insurance. "Insurance institution" does not
include agents, insurance-support organizations, or health
care service plans.
"Intentionally interacts" means when the consumer intends
to interact with a person, or disclose personal information to
a person, via one or more deliberate interactions, including
visiting the person's website or purchasing a good or service
from the person. "Intentionally interacts" does not include
hovering over, muting, pausing, or closing a given piece of
content.
"Jeopardize the validity and reliability of that
educational standardized assessment or educational assessment"
means releasing information that would provide an advantage to

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the consumer who has submitted a verifiable consumer request
or to another natural person.
"Local educational agency" includes school districts,
county offices of education, and charter schools.
"Management employee" means a natural person whose name
and contact information is reported to or collected by a
commercial credit reporting agency as the primary manager of a
business and used solely within the context of the natural
person's role as the primary manager of the business.
"Medical information" means any individually identifiable
information, in electronic or physical form, in possession of
or derived from a provider of health care, health care service
plan, pharmaceutical company, or contractor regarding a
patient's medical history, mental health application
information, mental or physical condition, or treatment.
"Medical staff member" means a licensed physician and
surgeon, dentist, or podiatric physician, licensed under the
Medical Practice Act of 1987, the Illinois Dental Practice
Act, or the Podiatric Medical Practice Act of 1987 and a
clinical psychologist as defined in the Clinical Psychologist
Licensing Act.
"New motor vehicle dealer" is a dealer who either acquires
for resale new and unregistered motor vehicles from
manufacturers or distributors of those motor vehicles or
acquires for resale new off-highway motorcycles or all-terrain
vehicles from manufacturers or distributors of the vehicles.

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"Nonpersonalized advertising" means advertising and
marketing that is based solely on personal information derived
from the consumer's current interaction with the business with
the exception of the consumer's precise geolocation.
"Officer" means a natural person elected or appointed by
the board of directors to manage the daily operations of a
corporation, including a chief executive officer, president,
secretary, or treasurer.
"Owner" means a natural person who:
(1) has ownership of, or the power to vote, more than
50% of the outstanding shares of any class of voting
security of a business;
(2) has control in any manner over the election of a
majority of the directors or of individuals exercising
similar functions; or
(3) has the power to exercise a controlling influence
over the management of a company.
"Ownership information" means the name or names of and
contact information for the registered owner or owners.
"Person" means an individual, proprietorship, firm,
partnership, joint venture, syndicate, business, trust,
company, corporation, limited liability company, association,
committee, and any other organization or group of persons
acting in concert.
"Personal information" means information that identifies,
relates to, describes, is reasonably capable of being

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associated with, or could reasonably be linked, directly or
indirectly, with a particular consumer or household. "Personal
information" includes, but is not limited to, the following if
it identifies, relates to, describes, is reasonably capable of
being associated with, or could be reasonably linked, directly
or indirectly, with a particular consumer or household:
(1) identifiers such as a real name, alias, postal
address, unique personal identifier, online identifier,
Internet Protocol address, email address, account name,
social security number, driver's license number, passport
number, or other similar identifiers;
(2) any information, including, but not limited to,
signature, physical characteristics or description,
address, telephone number, state identification card
number, insurance policy number, education, bank account
number, credit card number, debit card number, or any
other financial information, medical information, or
health insurance information, but does not include
publicly available information that is lawfully made
available to the general public from federal, State, or
local government records;
(3) characteristics of protected classifications under
State or federal law;
(4) commercial information, including records of
personal property, products or services purchased,
obtained, or considered, or other purchasing or consuming

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histories or tendencies;
(5) biometric information;
(6) Internet or other electronic network activity
information, including, but not limited to, browsing
history, search history, and information regarding a
consumer's interaction with an Internet website,
application, or advertisement;
(7) geolocation data;
(8) audio, electronic, visual, thermal, olfactory, or
similar information;
(9) professional or employment-related information;
(10) education information that is not publicly
available, personally identifiable information as defined
in the federal Family Educational Rights and Privacy Act;
(11) inferences drawn from any of the information
identified in this definition to create a profile about a
consumer to reflect the consumer's preferences,
characteristics, psychological trends, predispositions,
behavior, attitudes, intelligence, abilities, and
aptitudes; or
(12) sensitive personal information.
"Personal information" does not include publicly available
information or lawfully obtained, truthful information that is
a matter of public concern, consumer information that is
deidentified, or aggregate consumer information.
"Precise geolocation" means any data that is derived from

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a device and that is used or intended to be used to locate a
consumer within a geographic area that is equal to or less than
the area of a circle with a radius of 1,850 feet, except as
prescribed by rules.
"Processing" means any operation or set of operations that
are performed on personal information or on sets of personal
information, whether by automated means.
"Profiling" means any form of automated processing of
personal information to evaluate certain personal aspects
relating to a natural person and in particular to analyze or
predict aspects concerning that natural person's performance
at work, economic situation, health, personal preferences,
interests, reliability, behavior, location, or movements.
"Protected health information" has the meaning given to
that term in Section 160.103 of Title 45 of the Code of Federal
Regulations.
"Provider of health care" means a person licensed or
certified under the Medical Practice Act of 1987, the Nurse
Practice Act, the Illinois Dental Practice Act, the Podiatric
Medical Practice Act of 1987, the Illinois Speech-Language
Pathology and Audiology Practice Act, the Illinois
Occupational Therapy Practice Act, the Dietitian Nutritionist
Practice Act, the Perfusionist Practice Act, the Illinois
Physical Therapy Act, the Licensed Certified Professional
Midwife Practice Act, the Clinical Psychologist Licensing Act,
the Illinois Optometric Practice Act of 1987, the Physician

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Assistant Practice Act of 1987, the Respiratory Care Practice
Act, the Pharmacy Practice Act, the Massage Licensing Act, the
Music Therapy Licensing and Practice Act, the Veterinary
Medicine and Surgery Practice Act of 2004, the Acupuncture
Practice Act, the Marriage and Family Therapy Licensing Act,
the Behavior Analyst Licensing Act, the Clinical Social Work
and Social Work Practice Act, and the Professional Counselor
and Clinical Professional Counselor Licensing and Practice Act
or a clinic, health dispensary, or health facility licensed
under the Community Living Facilities Licensing Act, the Home
Health, Home Services, and Home Nursing Agency Licensing Act,
the Hospice Program Licensing Act, and the Hospital Licensing
Act. "Provider of health care" does not include insurance
institutions.
"Pseudonymize" or "pseudonymization" means the processing
of personal information in a manner that renders the personal
information no longer attributable to a specific consumer
without the use of additional information, as long as the
additional information is kept separately and is subject to
technical and organizational measures to ensure that the
personal information is not attributed to an identified or
identifiable consumer.
"Publicly available" means information that is lawfully
made available from federal, State, or local government
records, information that a business has a reasonable basis to
believe is lawfully made available to the general public by

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the consumer or from widely distributed media or information
made available by a person to whom the consumer has disclosed
the information if the consumer has not restricted the
information to a specific audience. "Publicly available" does
not include biometric information collected by a business
about a consumer without the consumer's knowledge.
"Research" means scientific analysis, systematic study,
and observation, including basic research or applied research
that is designed to develop or contribute to public or
scientific knowledge and that adheres or otherwise conforms to
all other applicable ethics and privacy laws, including, but
not limited to, studies conducted in the public interest in
the area of public health.
"Security and integrity" means the ability of:
(1) networks or information systems to detect security
incidents that compromise the availability, authenticity,
integrity, and confidentiality of stored or transmitted
personal information;
(2) businesses to detect security incidents, resist
malicious, deceptive, fraudulent, or illegal actions and
to help prosecute those responsible for those actions; and
(3) businesses to ensure the physical safety of
natural persons.
"Sell", "selling", "sale", or "sold" means selling,
renting, releasing, disclosing, disseminating, making
available, transferring, or otherwise communicating orally, in

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writing, or by electronic or other means personal information
by the business to a third party for monetary or other valuable
consideration.
"Sensitive personal information" means:
(1) personal information that reveals:
(A) a consumer's social security, driver's
license, state identification card, or passport
number;
(B) a consumer's account log-in, financial
account, debit card, or credit card number in
combination with any required security or access code,
password, or credentials allowing access to an
account;
(C) a consumer's precise geolocation;
(D) a consumer's racial or ethnic origin,
religious or philosophical beliefs, or union
membership;
(E) the contents of a consumer's mail, email, or
text messages unless the business is the intended
recipient of the communication; or
(F) a consumer's genetic data;
(2) the processing of biometric information for the
purpose of uniquely identifying a consumer;
(3) personal information collected and analyzed
concerning a consumer's health; or
(4) personal information collected and analyzed

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concerning a consumer's sex life or sexual orientation.
"Sensitive personal information" does not include sensitive
personal information that is publicly available.
"Service" or "services" means work, labor, and services,
including services furnished in connection with the sale or
repair of goods.
"Service provider" means a person that processes personal
information on behalf of a business and that receives from or
on behalf of the business personal information for a business
purpose under a written contract, as long as the contract
prohibits the person from:
(1) selling or sharing the personal information;
(2) retaining, using, or disclosing the personal
information for any purpose other than for the specific
business purposes specified in the contract for the
business, including retaining, using, or disclosing the
personal information for a commercial purpose other than
the business purposes specified in the contract with the
business, or as otherwise permitted by this Act;
(3) retaining, using, or disclosing the personal
information outside of the direct business relationship
between the service provider and the business; or
(4) combining the personal information that the
service provider receives from, or on behalf of, the
business with personal information that it receives from,
or on behalf of, another person or persons, or collects

SB3517 - 25 - LRB103 35732 LNS 65813 b
from its own interaction with the consumer.
"Share", "shared", or "sharing" means sharing, renting,
releasing, disclosing, disseminating, making available,
transferring, or otherwise communicating orally, in writing,
or by electronic or other means personal information by the
business to a third party for cross-context behavioral
advertising, whether for monetary or other valuable
consideration, including transactions between a business and a
third party for cross-context behavioral advertising for the
benefit of a business in which no money is exchanged.
"Third party" means a person who is not:
(1) the business with whom the consumer intentionally
interacts and that collects personal information from the
consumer as part of the consumer's current interaction
with the business under this Act;
(2) a service provider to the business; or
(3) a contractor.
"Unique identifier" or "unique personal identifier" means
a persistent identifier that can be used to recognize a
consumer, family, or device that is linked to a consumer or
family, over time and across different services, including,
but not limited to, a device identifier, Internet Protocol
address, cookies, beacons, pixel tags, mobile ad identifiers,
or similar technology, customer number, unique pseudonym, or
user alias, telephone numbers, or other forms of persistent or
probabilistic identifiers that can be used to identify a

SB3517 - 26 - LRB103 35732 LNS 65813 b
particular consumer or device that is linked to a consumer or
family.
"Vehicle information" means the vehicle information
number, make, model, year, and odometer reading.
"Vehicle manufacturer" means any person who produces from
raw materials or new basic components a vehicle of a type
subject to registration, off-highway motorcycles or
all-terrain vehicles subject to identification, or trailers
subject to identification, or who permanently alters, for
purposes of retail sales, new commercial vehicles by
converting the vehicles into house cars.
"Verifiable consumer request" means a request that is made
by a consumer, by a consumer on behalf of the consumer's minor
child, by a natural person or a person registered with the
Secretary of State authorized by the consumer to act on the
consumer's behalf, or by a person who has power of attorney,
and that the business can reasonably verify, using
commercially reasonable methods to be the consumer about whom
the business has collected personal information.
Section 5-15. Miscellaneous provisions.
(a) The joint venture or partnership and each business
that composes the joint venture or partnership shall
separately be considered a single business, except that
personal information in the possession of each business and
disclosed to the joint venture or partnership shall not be

SB3517 - 27 - LRB103 35732 LNS 65813 b
shared with the other business.
(b) A contractor may combine personal information to
perform any business purpose, except as provided for in
paragraph (6) of the definition of business purposes and in
rules adopted by the Agency.
(c) If a contractor engages any other person to assist it
in processing personal information for a business purpose on
behalf of that business, or if any other person engaged by the
contractor engages another person to assist in processing
personal information for that business purposes, it shall
notify the business of that engagement, and the engagement
shall be under a written contract binding the other person to
observe all of the requirements set forth in the definition of
contractor.
(d) A business may attempt to reidentify the deindentified
personal information solely for the purpose of determining
whether its deidentification processes satisfies the
requirements of the definition of deidentified.
(e) Research with personal information that may have been
collected from a consumer in the course of consumer's
interactions with a business's service or device for other
purposes shall be:
(1) compatible with the business purpose for which the
personal information was collected;
(2) subsequently pseudonymized and deidentified, or
deidentified and in the aggregate, such that the

SB3517 - 28 - LRB103 35732 LNS 65813 b
information cannot reasonably identify, relate to,
describe, be capable of being associated with, or be
linked, directly or indirectly, to a particular consumer,
by a business;
(3) made subject to technical safeguards that prohibit
reidentification of the consumer to whom the information
may pertain, other than as needed to support the research;
(4) subject to business processes that specifically
prohibit reidentification of the information, other than
as needed to support the research;
(5) made subject to business processes to prevent
inadvertent release of deidentified information;
(6) protected from any reidentification attempts;
(7) used solely for research purposes that are
compatible with the context in which the personal
information was collected; and
(8) subjected by the business conducting the research
to additional security controls that limit access to the
research data to only those individuals as are necessary
to carry out the research purpose.
(f) A business that does not sell or share personal
information when:
(1) a consumer uses or directs the business to
intentionally:
(A) disclose personal information; or
(B) interact with one or more third parties;

SB3517 - 29 - LRB103 35732 LNS 65813 b
(2) the business uses or shares an identifier for a
consumer who has opted-out of the sale of personal
information or limited the use of sensitive personal
information for the purposes of altering persons that the
consumer has opted-out of the sale of personal information
or limited the use of sensitive personal information; or
(3) the business transfers to a third party the
personal information as an asset that is part of a merger,
acquisition, bankruptcy, or other transaction in which the
third party assumes control of all or part of the
business, as long as that personal information is used or
shared consistently with this Act. If a third party
materially alters how it uses or shares the personal
information in a manner that is materially inconsistent
with the promises made at the time of collection, it shall
provide prior notice of the new or changed practice to the
consumer. The notice shall be sufficiently prominent and
robust to ensure that existing consumers can easily
exercise their choices consistently with this Act. This
paragraph does not authorize a business to make material,
retroactive privacy policy changes or make other changes
in their privacy policy in a manner that would violate the
Consumer Fraud and Deceptive Business Practices Act.
(g) A service provider may combine personal information to
perform any business purpose, except as provided for in
paragraph (6) of the definition of business purpose in Section

SB3517 - 30 - LRB103 35732 LNS 65813 b
5-10 and in rules adopted by the Agency. The contract may,
subject to agreement with the service provider, permit the
business to monitor the service provider's compliance with the
contract through measures, including, but not limited to,
ongoing manual reviews and automated scans and regular
assessments, audits, or other technical and operational
testing at least once every 12 months.
(h) If a service provider engages any other person to
assist it in processing personal information for a business
purpose on behalf of the business, or if any other person
engaged by the service provider engages another person to
assist in processing personal information for that business
purpose, it shall notify the business of that engagement, and
the engagement shall be under a written contract binding the
other person to observe all the requirements set forth in the
definition of service provider.
(i) A business is not obligated to provide information to
the consumer under Sections 10-20 and 10-25 to delete personal
information or to correct inaccurate personal information, if
the business cannot verify that the consumer making the
request is the consumer about whom the business has collected
information or is a person authorized by the consumer to act on
such consumer's behalf.
Article 10. Personal Information

SB3517 - 31 - LRB103 35732 LNS 65813 b
Section 10-5. General duties of businesses that collect
personal information.
(a) A business that controls the collection of personal
information shall, at or before the point of collection,
inform consumers of:
(1) the categories of personal information to be
collected and the purposes for which the categories of
personal information are collected or used and whether
that information is sold or shared. A business shall not
collect additional categories of personal information or
use personal information collected for additional purposes
that are incompatible with the disclosed purpose for which
the personal information was collected without providing
the consumer with notice consistent with this Section
(2) if the business collects sensitive personal
information, the categories of sensitive personal
information to be collected and the purposes for which the
categories of sensitive personal information to be
collected. A business shall not collect additional
categories of sensitive personal information or use
sensitive personal information collected for additional
purposes that are incompatible with the disclosed purpose
for which the sensitive personal information was collected
without providing the consumer with notice consistent with
this Section; and
(3) the length of time the business intends to retain

SB3517 - 32 - LRB103 35732 LNS 65813 b
each category of personal information, including sensitive
personal information, or, if that is not possible, the
criteria used to determine that period provided that a
business shall not retain personal information or
sensitive personal information for each disclosed purpose
for which the personal information was collected for
longer than is reasonably necessary for that disclosed
purpose.
(b) A business that, acting as a third party, controls the
collection of personal information may satisfy its obligation
under subsection (a) by providing the required information
prominently and conspicuously on the homepage of its Internet
website. If a business acting as a third party controls the
collection of personal information on its premises, including
in a vehicle, then the business shall, at or before the point
of collection, inform consumers as to the categories of
personal information to be collected and the purposes for
which the categories of personal information are used, and
whether that personal information is sold, in a clear and
conspicuous manner at the location.
(c) Collection, use, retention, and sharing of personal
information by a business shall be reasonably necessary and
proportionate to achieve the purposes for which the personal
information was collected or processed, or for another
disclosed purpose that is compatible with the context in which
the personal information was collected, and not further

SB3517 - 33 - LRB103 35732 LNS 65813 b
processed in a manner that is incompatible with those
purposes.
(d) A business that collects personal information and that
sells that personal information to, or shares it with, a third
party or that discloses it to a service provider or contractor
for a business purpose shall enter into an agreement with the
third party, service provider, or contractor that:
(1) specifies that the personal information is sold or
disclosed by the business only for limited and specified
purposes;
(2) obligates the third party, service provider, or
contractor to comply with applicable obligations under
this Act and obligate those persons to provide the same
level of privacy protection as is required under this Act;
(3) grants the business rights to take reasonable and
appropriate steps to help ensure that the third party,
service provider, or contractor uses the personal
information transferred in a manner consistent with the
obligations of the business under this Act;
(4) requires the third party, service provider, or
contractor to notify the business if it makes a
determination that it can no longer meet its obligations
under this Act; and
(5) grants the business the right, upon notice, to
take reasonable and appropriate steps to stop and
remediate unauthorized use of personal information.

SB3517 - 34 - LRB103 35732 LNS 65813 b
(e) A business that collects personal information shall
implement reasonable security procedures and practices
appropriate to the nature of the personal information to
protect the personal information from unauthorized or illegal
access, destruction, use, modification, or disclosure.
(f) Nothing in this Section shall require a business to
disclose trade secrets.
Section 10-10. Right to delete personal information.
(a) A consumer shall have the right to request that a
business delete any personal information about the consumer
which the business has collected from the consumer.
(b) A business that collects personal information shall
disclose the consumer's rights to request the deletion of the
personal information.
(c) A business that receives a verifiable consumer request
from a consumer to delete the personal information under
subsection (a) shall delete the personal information from its
records, notify any service providers or contractors to delete
the personal information from their records, and notify all
third parties to whom the business has sold or shared the
personal information to delete the personal information unless
this proves impossible or involves disproportionate effort.
The business may maintain a confidential record of
deletion requests solely for the purpose of preventing the
personal information of a consumer who has submitted a

SB3517 - 35 - LRB103 35732 LNS 65813 b
deletion request from being sold, for compliance with laws or
for other purposes, solely to the extent permissible under
this Act.
A service provider or contractor shall cooperate with the
business in responding to a verifiable consumer request, and,
at the direction of the business, shall delete, or enable the
business to delete, and notify any of its own service
providers or contractors to delete the personal information
collected, used, processed, or retained by the service
provider or contractor. The service provider or contractor
shall notify any service providers, contractors, or third
parties who may have accessed personal information from or
through the service provider or contractor, unless the
information was accessed at the direction of the business, to
delete the personal information unless this proves impossible
or involves disproportionate effort. A service provider or
contractor shall not be required to comply with a deletion
request submitted by the consumer directly to the service
provider or contractor to the extent that the service provider
or contractor has collected, used, processed, or retained the
personal information in its role as a service provider or
contractor to the business.
(d) A business, or a service provider or contractor acting
under its contract with the business, shall not be required to
comply with a consumer's request to delete personal
information if it is reasonably necessary for the business,

SB3517 - 36 - LRB103 35732 LNS 65813 b
service provider, or contractor to maintain the personal
information in order to:
(1) complete the transaction for which the personal
information was collected, fulfill the terms of a written
warranty or product recall conducted in accordance with
federal law, provide a good or service requested by the
consumer, or reasonably anticipate an ongoing business
relationship with the consumer, or otherwise perform a
contract between the business and the consumer;
(2) help to ensure security and integrity to the
extent the use of the personal information is reasonably
necessary and proportionate for those purposes;
(3) debug to identify and repair errors that impair
existing intended functionality;
(4) exercise free speech, ensure the right of another
consumer to exercise that consumer's right of free speech,
or exercise another right provided for by law;
(5) comply with the Protecting Household Privacy Act;
(6) engage in public or peer-reviewed scientific,
historical, or statistical research that conforms or
adheres to all other applicable ethics and privacy laws,
when the deletion of the information is likely to render
impossible or seriously impair the ability to complete
such research, if the consumer has provided informed
consent;
(7) to enable solely internal uses that are reasonably

SB3517 - 37 - LRB103 35732 LNS 65813 b
aligned with the expectations of the consumer based on the
consumer's relationship with the business and compatible
with the context in which the consumer provided the
information; or
(8) comply with a legal obligation.
Section 10-15. Right to correct inaccurate personal
information.
(a) A consumer shall have the right to request a business
that maintains inaccurate personal information about the
consumer to correct that inaccurate personal information,
taking into account the nature of the personal information and
the purposes of the processing of the personal information.
(b) A business that collects personal information shall
disclose the consumer's right to request correction of
inaccurate personal information.
(c) A business that receives a verifiable consumer request
to correct inaccurate personal information shall use
commercially reasonable efforts to correct the inaccurate
personal information as directed by the consumer.
Section 10-20. Right to know what personal information is
being collected; right to access personal information.
(a) A consumer shall have the right to request that a
business that collects personal information about the consumer
disclose to the consumer:

SB3517 - 38 - LRB103 35732 LNS 65813 b
(1) the categories of personal information it has
collected about the consumer;
(2) the categories of sources from which the personal
information is collected;
(3) the business or commercial purpose for collecting,
selling, or sharing personal information;
(4) the categories of third parties to whom the
business discloses personal information; and
(5) the specific pieces of personal information it has
collected about that consumer.
(b) A business that collects personal information shall
disclose to the consumer the information specified in
subsection (a) upon receipt of a verifiable consumer request
from the consumer.
(c) A business that collects personal information shall
disclose that a consumer has the right to request the specific
pieces of information the business has collected about that
consumer.
Section 10-25. Right to know what personal information is
sold or shared and to whom.
(a) A consumer shall have the right to request that a
business that sells or shares personal information, or that
discloses personal information for a business purpose,
disclose to that consumer:
(1) the categories of personal information that the

SB3517 - 39 - LRB103 35732 LNS 65813 b
business collected about the consumer;
(2) the categories of personal information that the
business sold or shared about the consumer and the
categories of third parties to whom the personal
information was sold or shared, by category or categories
of personal information for each category of third parties
to whom the personal information was sold or shared; and
(3) the categories of personal information that the
business disclosed about the consumer for a business
purpose and the categories of persons to whom it was
disclosed for a business purpose.
(b) A business that sells or shares personal information,
or that discloses personal information for a business purpose,
shall disclose the personal information specified in
subsection (a) to the consumer upon receipt of a verifiable
consumer request from the consumer.
(c) A business that sells or shares personal information,
or that discloses personal information for a business purpose,
shall disclose:
(1) the category or categories of personal information
it has sold or shared, or if the business has not sold or
shared personal information, it shall disclose that fact;
and
(2) the category or categories of personal information
it has disclosed for a business purpose, or if the
business has not disclosed personal information for a

SB3517 - 40 - LRB103 35732 LNS 65813 b
business purpose, it shall disclose that fact.
(d) A third party shall not sell or share personal
information that has been sold to, or shared with, the third
party by a business unless the consumer has received explicit
notice and is provided an opportunity to exercise the right to
opt out.
Section 10-30. Right to opt out of sale or sharing of
personal information.
(a) A consumer shall have the right, at any time, to direct
a business that sells or shares personal information to third
parties not to sell or share the personal information. This
right may be referred to as the right to opt out of sale or
sharing.
(b) A business that sells personal information to, or
shares it with, third parties shall provide notice to
consumers that this information may be sold or shared and that
consumers have the right to opt out of the sale or sharing of
their personal information.
(c) Notwithstanding subsection (a), a business shall not
sell or share the personal information of consumers if the
business has actual knowledge that the consumer is less than
16 years of age, unless the consumer, in the case of consumers
at least 13 years of age and less than 16 years of age, or the
consumer's parent or guardian in the case of consumers who are
less than 13 years of age, has affirmatively authorized the

SB3517 - 41 - LRB103 35732 LNS 65813 b
sale or sharing of the personal information. A business that
willfully disregards the consumer's age shall be deemed to
have had actual knowledge of the consumer's age.
(d) A business that has received direction from a consumer
not to sell or share personal information or, in the case of a
minor consumer's personal information has not received consent
to sell or share the minor consumer's personal information,
shall be prohibited from selling or sharing the personal
information after its receipt of the consumer's direction,
unless the consumer subsequently provides consent, for the
sale or sharing of the personal information.
Section 10-35. Right to limit use and disclosure of
sensitive personal information.
(a) A consumer shall have the right, at any time, to direct
a business that collects sensitive personal information to
limit its use of the sensitive personal information to that
use which is necessary to perform the services or provide the
goods reasonably expected by an average consumer who requests
those goods or services, to perform the services set forth in
paragraphs (2), (4), (5), and (8) in the definition of
business purpose in Section 5-10, and as authorized by rule. A
business that uses or discloses sensitive personal information
for purposes other than those specified in this subsection
shall provide notice to consumers that this information may be
used, or disclosed to a service provider or contractor, for

SB3517 - 42 - LRB103 35732 LNS 65813 b
additional, specified purposes and that consumers have the
right to limit the use or disclosure of their sensitive
personal information.
(b) A business that has received direction from a consumer
not to use or disclose the sensitive personal information,
except as authorized under subsection (a), shall be prohibited
from using or disclosing the sensitive personal information
for any other purpose after its receipt of the consumer's
direction unless the consumer subsequently provides consent
for the use or disclosure of the sensitive personal
information for additional purposes.
(c) A service provider or contractor that assists a
business in performing the purposes authorized by subsection
(a) may not use the sensitive personal information after it
has received instructions from the business and to the extent
it has actual knowledge that the sensitive personal
information is sensitive personal information for any other
purpose. A service provider or contractor is only required to
limit its use of sensitive personal information received under
a written contract with the business in response to
instructions from the business and only with respect to its
relationship with that business.
(d) Sensitive personal information that is collected or
processed without the purpose of inferring characteristics
about a consumer is not subject to this Section, as further
defined by rule, and shall be treated as personal information.

SB3517 - 43 - LRB103 35732 LNS 65813 b
Section 10-40. Right of no retaliation following opt-out
or exercise of other rights.
(a) A business shall not discriminate against a consumer
because the consumer exercised any of the consumer's rights
under this Act, including, but not limited to:
(1) denying goods or services to the consumer;
(2) charging different prices or rates for goods or
services, including through the use of discounts or other
benefits or imposing penalties;
(3) providing a different level or quality of goods or
services to the consumer; or
(4) suggesting that the consumer will receive a
different price or rate for goods or services or a
different level or quality of goods or services.
A business shall not retaliate against an employee
applicant for employment, or independent contractor for
exercising their rights under this Act.
Nothing in this subsection prohibits a business from
charging a consumer a different price or rate, or from
providing a different level or quality of goods or services,
to the consumer if that difference is reasonably related to
the value provided to the business by the consumer's data.
This subsection does not prohibit a business from offering
loyalty, rewards, premium features, discounts, or club card
programs consistent with this Act.

SB3517 - 44 - LRB103 35732 LNS 65813 b
(b) A business may offer financial incentives, including
payments to consumers as compensation, for the collection of
personal information, or the retention of personal
information. A business may also offer a different price,
rate, level, or quality of goods or services to the consumer if
that price or difference is reasonably related to the value
provided to the business by the consumer's data.
A business that offers any financial incentives under this
subsection shall notify consumers of the financial incentives
under Section 10-45.
A business may enter a consumer into a financial incentive
program only if the consumer gives the business prior opt-in
consent based on clearly described material terms of the
financial incentive program, which may be revoked by the
consumer at any time. If a consumer refuses to provide opt-in
consent, then the business shall wait for at least 12 months
before next requesting that the consumer provide opt-in
consent, or as prescribed by rules.
A business shall not use financial incentive practices
that are unjust, unreasonable, coercive, or usurious in
nature.
Section 10-45. Notice, disclosure, correction, and
deletion requirements.
(a) In order to comply with Sections 10-5, 10-10, 10-15,
10-20, 10-25, and 10-45, a business shall, in a form that is

SB3517 - 45 - LRB103 35732 LNS 65813 b
reasonably accessible to consumers:
(1) (A) make available to consumers 2 or more
designated methods for submitting requests for information
required to be disclosed under Sections 10-20 and 10-25 or
requests for deletion or correction under Sections 10-10
and 10-15, including, at a minimum, a toll-free telephone
number. A business that operates exclusively online and
has a direct relationship with a consumer from whom it
collects personal information shall only be required to
provide an email address for submitting requests for
information required to be disclosed under Sections 10-20
and 10-25;
(B) if the business maintains an Internet website,
make the internet website available to consumers to submit
requests for information required to be disclosed under
Sections 10-20 and 10-25 or requests for deletion or
correction under Sections 10-10 and 10-15;
(2) disclose and deliver the required information to a
consumer free of charge, correct inaccurate personal
information, or delete personal information, based on the
consumer's request, within 45 days of receiving a
verifiable consumer request from the consumer. The
business shall promptly take steps to determine whether
the request is a verifiable consumer request, but this
shall not extend the business's duty to disclose and
deliver the information, correct inaccurate personal

SB3517 - 46 - LRB103 35732 LNS 65813 b
information, or delete personal information within 45 days
of receipt of the consumer's request. The period to
provide the required information, correct inaccurate
personal information, or delete personal information may
be extended once by an additional 45 days when reasonably
necessary, as long as the consumer is provided notice of
the extension within the first 45-day period. The
disclosure of the required information shall be made in
writing and delivered through the consumer's account with
the business, if the consumer maintains an account with
the business, or by mail or electronically at the
consumer's option if the consumer does not maintain an
account with the business, in a readily usable format that
allows the consumer to transmit this information from one
entity to another entity without hindrance. The business
may require authentication of the consumer that is
reasonable in light of the nature of the personal
information requested, but shall not require the consumer
to create an account with the business in order to make a
verifiable consumer request. If the consumer has an
account with the business, the business may require the
consumer to use that account to submit a verifiable
consumer request.
The disclosure of the required information shall cover
the 12-month period preceding the business' receipt of the
verifiable consumer request. Upon the adoption of a rule

SB3517 - 47 - LRB103 35732 LNS 65813 b
under Section 10-75, a consumer may request that the
business disclose the required information beyond the
12-month period, and the business shall be required to
provide that information unless doing so proves impossible
or would involve a disproportionate effort. A consumer's
right to request required information beyond the 12-month
period, and a business's obligation to provide that
information, shall only apply to personal information
collected on or after January 1, 2025. Nothing in this
subparagraph shall require a business to keep personal
information for any length of time;
(3) a business that receives a verifiable consumer
request under Section 10-20 or 10-25, disclose any
personal information it has collected about a consumer,
directly or indirectly, including through or by a service
provider or contractor, to the consumer. A service
provider or contractor shall not be required to comply
with a verifiable consumer request received directly from
a consumer or consumer's authorized agent under Section
10-20 or 10-25 to the extent that the service provider or
contractor has collected personal information about the
consumer in its role as a service provider or contractor.
A service provider or contractor shall provide assistance
to a business with which it has a contractual relationship
with respect to the business's response to a verifiable
consumer request, including, but not limited to, by

SB3517 - 48 - LRB103 35732 LNS 65813 b
providing to the business the personal information in the
service provider's or contractor's possession that the
service provider or contractor obtained as a result of
providing services to the business and by correcting
inaccurate information or by enabling the business to do
the same. A service provider or contractor that collects
personal information under a written contract with a
business shall be required to assist the business through
appropriate technical and organizational measures in
complying with the requirements of subsections (d) through
(f) of Section 10-5, taking into account the nature of the
processing.
(4) for purposes of subsection (b) of Section 10-20:
(A) to identify the consumer, associate the
information provided to the consumer in the verifiable
consumer request to any personal information
previously collected by the business about the
consumer;
(B) identify by category or categories the
personal information collected about the consumer for
the applicable period by reference to the enumerated
category or categories in subsection (c) that most
closely describes the personal information collected,
the categories of sources from which the personal
information was collected, the business or commercial
purpose for collecting, selling, or sharing the

SB3517 - 49 - LRB103 35732 LNS 65813 b
personal information, and the categories of third
parties to whom the business discloses the personal
information; and
(C) provide the specific pieces of personal
information obtained from the consumer in a format
that is easily understandable to the average consumer,
and to the extent technically feasible, in a
structured, commonly used, machine-readable format
that may also be transmitted to another entity at the
consumer's request without hindrance. Specific pieces
of personal information do not include data generated
to help ensure security and integrity or as prescribed
by rule. Personal information is not considered to
have been disclosed by a business when a consumer
instructs a business to transfer the personal
information from one business to another in the
context of switching services;
(5) for purposes of subsection (b) of Section 10-25:
(A) identify the consumer and associate the
information provided by the consumer in the verifiable
consumer request to any personal information
previously collected by the business about the
consumer;
(B) identify by category or categories the
personal information of the consumer that the business
sold or shared during the applicable period by

SB3517 - 50 - LRB103 35732 LNS 65813 b
reference to the enumerated category in subsection (c)
that most closely describes the personal information,
and provide the categories of third parties to whom
the personal information was sold or shared during the
applicable period by reference to the enumerated
category or categories in subsection (c) that most
closely describes the personal information sold or
shared. The business shall disclose the information in
a list that is separate from a list generated under
subparagraph (C); and
(C) identify by category or categories the
personal information of the consumer that the business
disclosed for a business purpose during the applicable
period by reference to the enumerated category or
categories in subsection (c) that most closely
describes the personal information, and provide the
categories of persons to whom the personal information
was disclosed for a business purpose during the
applicable period by reference to the enumerated
category or categories in subsection (c) that most
closely describes the personal information disclosed.
The business shall disclose the information in a list
that is separate from a list generated under
subparagraph (B);
(6) disclose the following information in its online
privacy policy or policies if the business has an online

SB3517 - 51 - LRB103 35732 LNS 65813 b
privacy police or policies and in any State-specific
description of consumer privacy rights, or if the business
does not maintain those policies, on its Internet website
and update that information at least once every 12 months:
(A) a description of a consumer's rights under
Sections 10-5, 10-10, 10-15, 10-20, 10-25, and 10-45
and 2 more designated methods for submitting requests,
except as provided in subparagraph (A) of paragraph
(1) of subsection (a);
(B) for purposes of subsection (c) of Section
10-20:
(i) a list of categories of personal
information it has collected about consumers in
the preceding 12 months by reference to the
enumerated category or categories in subsection
(c) that most closely describe the personal
information collected;
(ii) the categories of sources from which
personal information is collected;
(iii) the business or commercial purpose for
collecting, selling, or sharing personal
information; and
(iv) the categories of third parties to whom
the business discloses personal information; and
(C) for purposes of paragraphs (1) and (2) of
subsection (c) of Section 10-25, 2 separate lists:

SB3517 - 52 - LRB103 35732 LNS 65813 b
(i) a list of categories of personal
information it has sold or shared about consumers
in the preceding 12 months by reference to the
enumerated category or categories in subsection
(c) that most closely describe the personal
information sold or shared, or if the business has
not sold or shared personal information in the
preceding 12 months, the business shall
prominently disclose that fact in its privacy
policy; and
(ii) a list of the categories of personal
information it has disclosed about consumers for a
business purpose in the preceding 12 months by
reference to the enumerated category or categories
in subsection (c) that most closely describes the
personal information disclosed, or if the business
has not disclosed personal information in the
preceding 12 months, the business shall disclose
that fact;
(7) ensure that all individuals responsible for
handling consumer inquiries about the business' privacy
practices or the business' compliance with this Act are
informed of all requirements in Sections 10-5, 10-10,
10-15, 10-20, 10-25, and 10-45 and this Section, and how
to direct consumers to exercise their rights under those
Sections; and

SB3517 - 53 - LRB103 35732 LNS 65813 b
(8) use any personal information collected from the
consumer in connection with the business' verification of
the consumer's request solely for the purposes of
verification and shall not further disclose the personal
information, retain it longer than necessary for purposes
of verification, or use it for unrelated purposes.
(b) A business is not obligated to provide the information
required by Sections 10-20 and 10-25 to the same consumer more
than twice in a 12-month period.
(c) The categories of personal information required to be
disclosed under Sections 10-5, 10-20, and 10-25 shall follow
the definitions of personal information and sensitive personal
information by describing the categories of personal
information using the specific terms set forth in the
definition of personal information and by describing the
categories of sensitive personal information using the
specific terms set forth in the definition of sensitive
personal information.
Section 10-50. Methods of limiting sale, sharing, and use
of personal information and use of sensitive personal
information.
(a) A business that is sells or shares personal
information or discloses sensitive personal information for
purposes other than those authorized by subsection (a) of
Section 10-35 shall, in a form that is reasonably accessible

SB3517 - 54 - LRB103 35732 LNS 65813 b
to consumers:
(1) provide a clear and conspicuous link on the
business's Internet homepage titled "Do Not Sell or Share
My Personal Information" to an Internet webpage that
enables a consumer, or a person authorized by the
consumer, to opt out of the sale or sharing of the personal
information;
(2) provide a clear and conspicuous link on the
business's Internet homepage titled "Limit the Use of My
Sensitive Personal Information" that enables a consumer,
or a person authorized by the consumer, to limit the use or
disclosure of the sensitive personal information;
(3) at the business's discretion, use a single,
clearly labeled link on the business's Internet homepage,
in lieu of complying with paragraphs (1) and (2), if that
link easily allows a consumer to opt out of the sale or
sharing of the personal information and to limit the use
or disclosure of the sensitive personal information; and
(4) if the business responds to opt-out requests
received under paragraph (1), (2), or (3) by informing the
consumer of a charge for the use of any product or service,
present the terms of any financial incentive offered under
subsection (b) of Section 10-40, for the retention, use,
sale, or sharing of the personal information or sensitive
personal information.
(b) A business shall not be required to comply with

SB3517 - 55 - LRB103 35732 LNS 65813 b
subsection (a) if the business allows consumers to opt out of
the sale or sharing of personal information or limit the use of
sensitive personal information through an opt-out preference
signal sent with the consumer's consent by a platform,
technology, or mechanism, based on technical specifications
set forth by rules, to the business indicating the consumer's
intent to opt out of the business's sale or sharing of the
personal information or to limit the use or disclosure of the
sensitive personal information, or both.
A business that allows consumers to opt out of the sale or
sharing of their personal information and to limit the use of
sensitive personal information under this subsection may
provide a link to a webpage that enables the consumer to
consent to the business ignoring the opt-out preference signal
with respect to that business's sale or sharing of the
personal information or the use of the sensitive personal
information for additional purposes if:
(1) the consent webpage also allows the consumer
or a person authorized by the consumer to revoke the
consent as easily as it affirmatively provided;
(2) the link to the webpage does not degrade the
consumer's experience on the webpage the consumer
intends to visit and has a similar look, feel, and size
relative to other links on the same webpage; and
(3) the consent webpage complies with technical
specifications set forth by rules.

SB3517 - 56 - LRB103 35732 LNS 65813 b
A business that complies with subsection (a) is not
required to comply with subsection (b). A business may elect
whether to comply with subsection (a) or (b).
(c) A business that is subject to this Section shall:
(1) not require a consumer to create an account or
provide additional information beyond what is necessary in
order to direct the business not to sell or share the
personal information or to limit use or disclosure of the
sensitive personal information;
(2) include a description of a consumer's rights under
Sections 10-30 and 10-35, along with a separate link to
the "Do Not Sell or Share My Personal Information"
Internet webpage and a separate link to the "Limit the Use
of My Sensitive Personal Information" Internet webpage, if
applicable, or a single link to both choices, or a
statement that the business responds to and abides by
opt-out preference signals sent by a platform, technology,
or mechanism in accordance with subsection (b), in:
(A) its online privacy policy or policies if the
business has an online privacy policy or policies; and
(B) any State-specific description of consumers'
privacy rights;
(3) ensure that all individuals responsible for
handling consumer inquiries about the business's privacy
practices or the business's compliance with this Act are
informed of all requirements in Sections 10-30 and 10-35

SB3517 - 57 - LRB103 35732 LNS 65813 b
and this Section and how to direct consumers to exercise
their rights under those Sections;
(4) for consumers who exercise their right to opt out
of the sale or sharing of their personal information or
limit the use or disclosure of their sensitive personal
information, refrain from selling or sharing the personal
information or using or disclosing the sensitive personal
information and wait for at least 12 months before
requesting that the consumer authorize the sale or sharing
of the personal information or the use and disclosure of
the sensitive personal information for additional
purposes, or as authorized by rules;
(5) for consumers under 16 years of age who do not
consent to the sale or sharing of their personal
information, refrain from selling or sharing the personal
information of the consumer under 16 years of age and wait
for at least 12 months before requesting the consumer's
consent again, or as authorized by rules or until the
consumer attains 16 years of age; and
(6) use any personal information collected from the
consumer in connection with the submission of the
consumer's opt-out request solely for the purposes of
complying with the opt-out request.
(d) Nothing in this Act shall be construed to require a
business to comply with the Act by including the required
links and text on the homepage that the business makes

SB3517 - 58 - LRB103 35732 LNS 65813 b
available to the public generally, if the business maintains a
separate and additional homepage that is dedicated to State
consumers and that includes the required links and text, and
the business takes reasonable steps to ensure that State
consumers are directed to the homepage for State consumers and
not the homepage made available to the public generally.
(e) A consumer may authorize another person to opt out of
the sale or sharing of the personal information and to limit
the use of the sensitive personal information on the
consumer's behalf, including through an opt-out preference
signal, indicating the consumer's intent to opt out, and a
business shall comply with an opt-out request received from a
person authorized by the consumer to act on the consumer's
behalf, under the rules adopted by the Attorney General,
regardless of whether the business has elected to comply with
subsection (a) or (b). A business that elects to comply with
subsection (a) may respond to the consumer's opt-out request
consistent with Section 10-40.
(f) If a business communicates a consumer's opt-out
request to any persona authorized by the business to collect
personal information, the person shall thereafter only use
that personal information for a business purpose specified by
the business, or as otherwise permitted by this Act, and shall
be prohibited from:
(1) selling or sharing that personal information; or
(2) retaining, using, or disclosing that personal

SB3517 - 59 - LRB103 35732 LNS 65813 b
information:
(A) for any purpose other than for the specific
purpose of performing the services offered to the
business;
(B) outside of the direct business relationship
between the person and the business; or
(C) for a commercial purpose other than providing
the services to the business.
(g) A business that communicates a consumer's opt-out
request to a person under subsection (f) shall not be liable
under this Act if the person receiving the opt-out request
violates the restrictions set forth in the Act, if, at the time
of communicating the opt-out request, the business does not
have actual knowledge, or reason to believe, that the person
intends to commit such a violation. Any provision of a
contract or agreement of any kind that purports to waive or
limit this subsection in any way shall be void and
unenforceable.
Section 10-55. Exemptions.
(a) The obligations imposed on a business by this Act
shall not restrict a business's ability to:
(1) comply with federal, State, or local laws or
comply with a court order or subpoena to provide
information;
(2) comply with a civil, criminal, or regulatory

SB3517 - 60 - LRB103 35732 LNS 65813 b
inquiry, investigation, subpoena, or summons by federal,
State, or local authorities. Law enforcement agencies,
including police and sheriff's departments, may direct a
business under a law enforcement agency-approved
investigation with an active case number not to delete
personal information, and upon receipt of that direction,
a business shall not delete the personal information for
90 days in order to allow the law enforcement agency to
obtain a court-issued subpoena, order, or warrant to
obtain that personal information. For good cause and only
to the extent necessary for investigatory purposes, a law
enforcement agency may direct a business not to delete the
personal information for additional 90-day periods. A
business that has received direction from a law
enforcement agency not to delete the personal information
of a consumer who has requested deletion of the personal
information shall not use the personal information for any
purpose other than retaining it to produce to law
enforcement in response to a court-issued subpoena, order,
or warrant unless the deletion request is subject to an
exemption from deletion under this Act;
(3) cooperate with law enforcement agencies concerning
conduct or activity that the business, service provider,
or third party reasonably and in good faith believes may
violate federal, State, or local law;
(4) cooperate with a government agency request for

SB3517 - 61 - LRB103 35732 LNS 65813 b
emergency access to personal information if a natural
person is at risk or danger of death or serious physical
injury if:
(A) the request is approved by a high-ranking
government agency officer for emergency access to
personal information;
(B) the request is based on the government
agency's good faith determination that it has a lawful
basis to access the personal information on a
nonemergency basis; and
(C) the government agency agrees to petition a
court for an appropriate order within 3 days and to
destroy the personal information if that order is not
granted;
(5) exercise or defend legal claims;
(6) collect, use, retain, sell, share, or disclose
personal information that is deidentified or aggregate
consumer information; or
(7) collect, sell, or share personal information if
every aspect of that commercial conduct takes place wholly
outside of the State. Commercial conduct takes place
wholly outside of the State if the business collected that
information while the consumer was outside of the State,
no part of the sale of the personal information occurred
in the State, and no personal information collected while
the consumer was in the State is sold. This paragraph

SB3517 - 62 - LRB103 35732 LNS 65813 b
shall not prohibit a business from storing, including on a
device, personal information about a consumer when the
consumer is in the State and then collecting that personal
information when the consumer and stored personal
information is outside of the State.
(b) The obligations imposed on businesses by Sections
10-20, 10-25, 10-30, 10-35, 10-45, and 10-50 shall not apply
where compliance by the business with the Act would violate an
evidentiary privilege under State law and shall not prevent a
business from providing the personal information of a consumer
to a person covered by an evidentiary privilege under State
law as part of a privileged communication.
(c) This Act shall not apply to:
(1) medical information governed by the Medical
Patient Rights Act or protected health information that is
collected by a covered entity or business associate
governed by the privacy, security, and breach notification
rules issued by the United States Department of Health and
Human Services, Parts 160 and 164 of Title 45 of the Code
of Federal Regulations;
(2) a provider of health care governed by the Medical
Patient Rights Act or a covered entity governed by the
privacy, security, and breach notification rules issued by
the United States Department of Health and Human Services,
Parts 160 and 164 of Title 45 of the Code of Federal
Regulations to the extent the provider or covered entity

SB3517 - 63 - LRB103 35732 LNS 65813 b
maintains patient information in the same manner as
medical information or protected health information as
described in paragraph (1); or
(3) personal information collected as part of a
clinical trial or other biomedical research study subject
to or conducted in accordance with the Federal Policy for
the Protection of Human Subjects under good clinical
practice guidelines issued by the International Council
for Harmonisation or under human subject protection
requirements of the United States Food and Drug
Administration, as long as the information is not sold or
shared in a manner not permitted by this paragraph, and if
it is inconsistent, that participants be informed of that
use and provide consent.
(d) This Act applies to an activity involving the
collection, maintenance, disclosure, sale, communication, or
use of any personal information bearing on a consumer's credit
worthiness, credit standing, credit capacity, character,
general reputation, personal characteristics, or mode of
living by a consumer reporting agency, as defined in
subsection (f) of Section 1681a of Title 15 of the United
States Code, by a furnisher of information, as set forth in
Section 1681s-2 of Title 15 of the United States Code, who
provides information for use in a consumer report, as defined
in subsection (d) of Section 1681a of Title 15 of the United
States Code, and by a user of a consumer report, as set forth

SB3517 - 64 - LRB103 35732 LNS 65813 b
in Section 1681b of Title 15 of the United States Code.
This subsection applies only to the extent that such
activity involving the collection, maintenance, disclosure,
sale, communication, or use of such information by the
consumer reporting agency, furnisher, or user is subject to
regulation under the federal Fair Credit Reporting Act and the
information is not collected, maintained, used, communicated,
disclosed, or sold except as authorized by the federal Fair
Credit Reporting Act.
This subsection shall not apply to Section 10-60.
(e) This Act shall not apply to personal information
collected, processed, sold, or disclosed under the federal
Gramm-Leach-Bliley Act or the federal Farm Credit Act of 1971.
This subsection shall not apply to Section 10-60.
(f) This Act shall not apply to personal information
collected, processed, sold, or disclosed under the federal
Driver's Privacy Protection Act of 1994. This subsection shall
not apply to Section 10-60.
(g) Section 10-30 shall not apply to vehicle information
or ownership information retained or shared between a new
motor vehicle dealer and the vehicle's manufacturer, if the
vehicle or ownership information is shared for the purpose of
effectuating, or in anticipation of effectuating, a vehicle
repair covered by a vehicle warranty or a recall conducted
under Sections 30118 through 30120 of Title 49 of the United
States Code, as long as the new motor vehicle dealer or vehicle

SB3517 - 65 - LRB103 35732 LNS 65813 b
manufacturer with which that vehicle information or ownership
information is shared does not sell, share, or use that
information for any other purpose.
(h) Notwithstanding a business's obligations to respond to
and honor consumer rights requests under this Act:
(1) a period for a business to respond to a consumer
for any verifiable consumer request may be extended by up
to a total of 90 additional days where necessary, taking
into account the complexity and number of the requests.
The business shall inform the consumer of any such
extension within 45 days of receipt of the request,
together with the reasons for the delay;
(2) if the business does not take action on the
request of the consumer, the business shall inform the
consumer, without delay and, at the latest, within the
time permitted of response by this subsection, of the
reasons for not taking action and any rights the consumer
may have to appeal the decision to the business; and
(3) if requests from a consumer are manifestly
unfounded or excessive, in particular because of their
repetitive character, a business may either charge a
reasonable fee, taking into account the administrative
costs of providing the information or communication or
taking the action requested, or refuse to act on the
request and notify the consumer of the reason for refusing
the request. The business shall bear the burden of

SB3517 - 66 - LRB103 35732 LNS 65813 b
demonstrating that any verifiable consumer request is
manifestly unfounded or excessive.
(i)(1) A business that discloses personal information to a
service provider or contractor in compliance with this Act
shall not be liable under this Act if the service provider or
contractor receiving the personal information uses it in
violation of the restrictions set forth in this Act, and if, at
the time of disclosing the personal information, the business
does not have actual knowledge, or reason to believe, that the
service provider or contractor intends to commit such a
violation. A service provider or contractor shall not be
liable under this Act for the obligations of a business for
which it provides services as set forth in this Act. The
service provider or contractor shall be liable for its own
violations of this Act.
(2) A business that discloses personal information of a
consumer, with the exception of consumers who have exercised
their right to opt out of the sale or sharing of their personal
information, consumers who have limited the use or disclosure
of their sensitive personal information, and minor consumers
who have not opted-in to the collection or sale of their
personal information, to a third party under a written
contract that requires the third party to provide the same
level of protection of the consumer's rights under this Act as
provided by the business shall not be liable under this Act if
the third party receiving the personal information uses it in

SB3517 - 67 - LRB103 35732 LNS 65813 b
violation of the restrictions set forth in this Act, and if, at
the time of disclosing the personal information, the business
does not have actual knowledge, or reason to believe, that the
third party intends to commit such a violation.
(j) This Act shall not be construed to require a business,
service provider, or contractor to:
(1) reidentify or otherwise link information that, in
the ordinary course of business, is not maintained in a
manner that would be considered personal information;
(2) retain any personal information about a consumer
if, in the ordinary course of business, that information
about the consumer would not be retained; or
(3) maintain information in identifiable, linkable, or
associable form, or collect, obtain, retain, or access any
data or technology, in order to be capable of linking or
associating a verifiable consumer request with personal
information.
(k) The rights afforded to consumers and the obligations
imposed on the business in this Act shall not adversely affect
the rights and freedoms of other natural persons. A verifiable
consumer request for specific pieces of personal information,
to delete personal information, or to correct inaccurate
personal information shall not extend to personal information
about the consumer that belongs to, or the business maintains
on behalf of, another natural person. A business may rely on
representations made in a verifiable consumer request as to

SB3517 - 68 - LRB103 35732 LNS 65813 b
rights with respect to personal information and is under no
legal requirement to seek out other persons that may have or
claim to have rights to personal information, and a business
is under no legal obligation under this Act or any other
provision of law to take any action under this Act if there is
a dispute between or among persons claiming rights to personal
information in the business' possession.
(l) The rights afforded to consumers and the obligations
imposed on businesses under this Act shall not apply to the
extent that they infringe on the noncommercial activities of a
person or entity described in Section 4 of Article I of the
Illinois Constitution.
(m) This Act shall not apply to:
(1) personal information that is collected by a
business about a natural person in the course of the
natural person acting as a job applicant to, employee of,
owner of, director of, officer of, medical staff member
of, or independent contractor of that business to the
extent that the natural person's personal information is
collected and used by the business solely within the
context of the natural person's role or former role as a
job applicant to, an employee of, owner of, director of,
officer of, medical staff member of, or an independent
contractor of, that business;
(2) personal information that is collected by a
business that is emergency contact information of the

SB3517 - 69 - LRB103 35732 LNS 65813 b
natural person acting as a job applicant to, employee of,
owner of, director of, officer of, medical staff member
of, or independent contractor of that business to the
extent that the personal information is collected and used
solely within the context of having an emergency contact
on file; or
(3) personal information that is necessary for the
business to retain to administer benefits for another
natural person relating to the natural person acting as a
job applicant to, employee of, owner of, director of,
officer of, medical staff member of, or independent
contractor of that business to the extent that the
personal information is collected and used solely within
the context of administering those benefits.
This subsection shall not apply to subsection (a) of
Section 10-5 or 10-60.
This subsection shall become inoperative on January 1,
2026.
(n) The obligations imposed on businesses by Sections
10-5, 10-10, 10-15, 10-20, 10-25, 10-35, 10-45, and 10-50
shall not apply to personal information reflecting a written
or verbal communication or a transaction between the business
and the consumer, where the consumer is a natural person who
acted or is acting as an employee, owner, director, officer,
or independent contractor of a company, partnership, sole
proprietorship, nonprofit, or government agency and whose

SB3517 - 70 - LRB103 35732 LNS 65813 b
communications or transaction with the business occur solely
within the context of the business conducting due diligence
regarding, or providing or receiving a product or service to
or from such company, partnership, sole proprietorship,
nonprofit, or government agency.
This subsection shall become inoperative on January 1,
2026.
(o) Sections 10-10 and 10-30 shall not apply to a
commercial credit reporting agency's collection, processing,
sale, or disclosure of business controller information to the
extent the commercial credit reporting agency uses the
business controller information solely to identify the
relationship of a consumer to a business that the consumer
owns or contact the consumer only in the consumer's role as the
owner, director, officer, or management employee of the
business.
(p) The obligations imposed on businesses in Sections
10-10, 10-15, 10-20, and 10-25 shall not apply to household
data.
(q) This Act does not require a business to comply with a
verifiable consumer request to delete personal information to
the extent the verifiable consumer request applies to a
student's grades, educational scores, or educational test
results that the business holds on behalf of a local
educational agency at which the student is currently enrolled.
If a business does not comply with a request under this

SB3517 - 71 - LRB103 35732 LNS 65813 b
Section, it shall notify the consumer that it is acting under
this exception.
This Act does not require, in response to a request under
Section 10-20, that a business disclose an educational
standardized assessment or educational assessment or a
consumer's specific responses to the educational standardized
assessment or educational assessment if consumer access,
possession, or control would jeopardize the validity and
reliability of that educational standardized assessment or
educational assessment. If a business does not comply with a
request under this Section, it shall notify the consumer that
it is acting under this exception.
(r) Sections 10-10 and 10-30 shall not apply to a
business's use, disclosure, or sale of particular pieces of
personal information if the consumer has consented to the
business's use, disclosure, or sale of that personal
information to produce a physical item, including a school
yearbook containing the consumer's photograph, if:
(1) the business has incurred significant expense in
reliance on the consumer's consent;
(2) compliance with the consumer's request to opt out
of the sale of the personal information or to delete the
personal information would not be commercially reasonable;
and
(3) the business complies with the consumer's request
as soon as it is commercially reasonable to do so.

SB3517 - 72 - LRB103 35732 LNS 65813 b
Section 10-60. Personal information security breaches.
(a) Any consumer whose nonencrypted and nonredacted
personal information or whose email address in combination
with a password or security question and answer that would
permit access to the account is subject to an unauthorized
access and exfiltration, theft, or disclosure as a result of
the business's violation of the duty to implement and maintain
reasonable security procedures and practices appropriate to
the nature of the information to protect the personal
information may institute a civil action for:
(1) the recovery of damages in an amount not less than
$100 and not greater than $750 per consumer per incident
or actual damages, whichever is greater;
(2) injunctive or declaratory relief; or
(3) any other relief the court deems proper.
In assessing the amount of statutory damages, the court
shall consider any one or more of the relevant circumstances
presented by any of the parties to the case, including, but not
limited to, the nature and seriousness of the misconduct, the
number of violations, the persistence of the misconduct, the
length of time over which the misconduct occurred, the
willfulness of the defendant's misconduct, and the defendant's
assets, liabilities, and net worth.
(b) Actions under this Section may be brought by a
consumer if, prior to initiating any action against a business

SB3517 - 73 - LRB103 35732 LNS 65813 b
for statutory damages on an individual or classwide basis, a
consumer provides a business 30 days' written notice
identifying the specific provisions of this Act the consumer
alleges have been or are being violated. If a cure is possible
and if, within the 30 days, the business actually cures the
noticed violation and provides the consumer an express written
statement that the violations have been cured and that no
further violations shall occur, no action for individual
statutory damages or classwide statutory damages may be
initiated against the business. The implementation and
maintenance of reasonable security procedures and practices
following a breach does not constitute a cure with respect to
that breach. No notice shall be required prior to an
individual consumer initiating an action solely for actual
pecuniary damages suffered as a result of the alleged
violations of this Act. If a business continues to violate
this Act in breach of the express written statement provided
to the consumer under this Section, the consumer may initiate
an action against the business to enforce the written
statement and may pursue statutory damages for each breach of
the express written statement, as well as any other violation
of this Act that postdates the written statement.
(c) The cause of action established by this Section shall
apply only to violations as defined in subsection (a) and
shall not be based on violations of any other Section of this
Act. Nothing in this Act shall be interpreted to serve as the

SB3517 - 74 - LRB103 35732 LNS 65813 b
basis for a private right of action under any other law. This
shall not be construed to relieve any party from any duties or
obligations imposed under other law or the United States or
Illinois Constitution.
Section 10-65. Administrative enforcement.
(a) Any business, service provider, contractor, or other
person that violates this Act shall be subject to an
injunction and liable for an administrative fine of not more
than $2,500 for each violation or $7,500 for each intentional
violation or violations involving the personal information of
consumers whom the business, service provider, contractor, or
other person has actual knowledge are under 16 years of age in
an administrative enforcement action brought by the Agency.
(b) Any administrative fine assessed for a violation of
this Act, and the proceeds of any settlement of an action
brought under subsection (a), shall be deposited into the
Consumer Privacy Fund, with the intent to fully offset any
costs incurred by the State courts, the Attorney General, and
the Agency in connection with this Act.
Section 10-70. Consumer Privacy Fund.
(a) A special fund to be known as the Consumer Privacy Fund
is hereby created within the State treasury, and is available
upon appropriation by the General Assembly first to offset any
costs incurred by the State courts in connection with actions

SB3517 - 75 - LRB103 35732 LNS 65813 b
brought to enforce this Act, the costs incurred by the
Attorney General in carrying out the Attorney General's duties
under this Act, and then for the purposes of establishing an
investment fund in the State treasury, with any earnings or
interest from the Fund to be deposited into the General
Revenue Fund, and making grants to promote and protect
consumer privacy, educate children in the area of online
privacy, and fund cooperative programs with international law
enforcement organizations to combat fraudulent activities with
respect to consumer data breaches.
(b) Funds transferred to the Consumer Privacy Fund shall
be used exclusively as follows:
(1) to offset any costs incurred by the State courts
and the Attorney General in connection with this Act; and
(2) after satisfying the obligations under paragraph
(1), the remaining funds shall be allocated each fiscal
year as follows:
(A) 91% shall be invested by the Treasurer in
financial assets with the goal of maximizing long term
yields consistent with a prudent level of risk. The
principal shall not be subject to transfer or
appropriation, as long as any interest and earnings
shall be transferred on an annual basis to the General
Revenue Fund for appropriation by the General Assembly
for General Revenue Fund purposes; and
(B) 9% shall be made available to the Agency for

SB3517 - 76 - LRB103 35732 LNS 65813 b
the purposes of making grants in this State, with 3%
allocated to the following grant recipients:
(i) nonprofit organizations to promote and
protect consumer privacy;
(ii) nonprofit organizations and public
agencies, including school districts, to educate
children in the area of online privacy; and
(iii) State and local law enforcement agencies
to fund cooperative programs with international
law enforcement organizations to combat fraudulent
activities with respect to consumer data breaches.
(c) Funds in the Consumer Privacy Fund shall not be
subject to appropriation or transfer by the General Assembly
for any other purpose.
Section 10-75. Rules.
(a) By July 1, 2025, the Attorney General shall solicit
broad public participation and adopt rules to further the
purposes of this Act, including, but not limited to:
(1) updating or adding categories of personal
information to the definition of personal information and
updating or adding categories of sensitive personal
information to the definition of sensitive personal
information in order to address changes in technology,
data collection practices, obstacles to implementation,
and privacy concerns;

SB3517 - 77 - LRB103 35732 LNS 65813 b
(2) updating as needed the definitions of deidentified
and unique identifier to address changes in technology,
data collection, obstacles to implementation, and privacy
concerns and adding, modifying, or deleting categories to
the definition of designated methods for submitting
requests to facilitate a consumer's ability to obtain
information from a business under Section 10-45. The
authority to update the definition of deidentified shall
not apply to deidentification standards set forth in
Section 164.514 of Title 45 of the Code of Federal
Regulations;
(3) establishing any exceptions necessary to comply
with State or federal law, including, but not limited to,
those relating to trade secrets and intellectual property
rights, within one year of the effective date of this Act
and as needed thereafter, with the intention that trade
secrets should not be disclosed in response to a
verifiable consumer request;
(4) establishing rules and procedures:
(A) to facilitate and govern the submission of a
request by a consumer to opt out of the sale or sharing
of personal information and to limit the use of
sensitive personal information to ensure that
consumers have the ability to exercise their choices
without undue burden and to prevent business from
engaging in deceptive or harassing conduct, including

SB3517 - 78 - LRB103 35732 LNS 65813 b
in retaliation against consumers for exercising their
rights, while allowing businesses to inform consumers
of the consequences of their decision to opt out of the
sale or sharing of their personal information or to
limit the use of their sensitive personal information;
(B) to govern business compliance with a
consumer's opt-out request; and
(C) for the development and use of a recognizable
and uniform opt-out logo or button by all businesses
to promote consumer awareness of the opportunity to
opt out of the sale of personal information;
(5) adjusting the monetary threshold in January of
every odd-numbered year to reflect any increase in the
Consumer Price Index, in the definition of business,
subparagraph (A) of paragraph (1) of subsection (a) of
Section 10-60, subsection (a) of Section 10-65, Section
15-20, and subsection (a) of Section 15-85;
(6) establishing rules, procedures, and any exceptions
necessary to ensure that the notices and information that
businesses are required to provide under this Act are
provided in a manner that may be easily understood by the
average consumer, are accessible to consumers with
disabilities, and are available in the language primarily
used to interact with the consumer, including establishing
rules and guidelines regarding financial incentives,
within one year of the effective date of this Act and as

SB3517 - 79 - LRB103 35732 LNS 65813 b
needed thereafter;
(7) establishing rules and procedures to further the
purposes of Sections 10-10, 10-15, 10-20, and 10-25 and to
facilitate a consumer's or the consumer's authorized
agent's ability to delete personal information, correct
inaccurate personal information, or obtain information,
with the goal of minimizing the administrative burden on a
consumer, taking into account available technology,
security concerns, and the burden on the business, to
govern a business's determination that a request for
information received from a consumer is a verifiable
consumer request, including treating a request submitted
through a password-protected account maintained by the
consumer with the business while the consumer is logged
into the account as a verifiable consumer request and
providing a mechanism for a consumer who does not maintain
an account with the business to request information
through the business's authentication of the consumer's
identity, within one year of the effective date of this
Act and as needed thereafter;
(8) establishing how often, and under what
circumstances, a consumer may request a correction under
Section 10-15, including standards governing:
(A) how a business responds to a request for
correction, including exceptions for requests to which
a response is impossible or would involve

SB3517 - 80 - LRB103 35732 LNS 65813 b
disproportionate effort, and requests for correction
of accurate information;
(B) how concerns regarding the accuracy of the
information may be resolved;
(C) the steps a business may take to prevent
fraud; and
(D) if a business rejects a request to correct
personal information collected and analyzed concerning
a consumer's health, the right of a consumer to
provide a written addendum to the business with
respect to any item or statement regarding any such
personal information that the consumer believes to be
incomplete or incorrect. The addendum shall be limited
to 250 words per alleged incomplete or incorrect item
and shall clearly indicate in writing that the
consumer requests the addendum to be made a part of the
consumer's record;
(9) establishing the standard to govern a business's
determination that providing information beyond the
12-month period in a response to a verifiable consumer
request is impossible or would involve a disproportionate
effort;
(10) issuing rules further defining and adding to the
business purposes, including other notified purposes, for
which businesses, service providers, and contractors may
use personal information consistent with consumers'

SB3517 - 81 - LRB103 35732 LNS 65813 b
expectations, and further defining the business purposes
for which service providers and contractors may combine
personal information obtained from different sources,
except as provided for in the definition of business
purposes;
(11) issuing rules identifying those business
purposes, including other notified purposes, for which
service providers and contractors may use consumers'
personal information received under a written contract
with a business, for the service provider or contractor's
own business purposes, with the goal of maximizing
consumer privacy;
(12) issuing rules to further define intentionally
interacts with the goal of maximizing consumer privacy;
(13) issuing rules to further define precise
geolocation, including if the size defined is not
sufficient to protect consumer privacy in sparsely
populated areas or when the personal information is used
for normal operational purposes, including billing;
(14) issuing rules to define specific pieces of
information obtained from the consumer with the goal of
maximizing a consumer's right to access relevant personal
information while minimizing the delivery of information
to a consumer that would not be useful to the consumer,
including system log information and other technical data.
For delivery of the most sensitive personal information,

SB3517 - 82 - LRB103 35732 LNS 65813 b
the rules may require a higher standard of authentication
as long as the Agency shall monitor the impact of the
higher standard on the right of consumers to obtain their
personal information to ensure that the requirements of
verification do not result in the unreasonable denial of
verifiable consumer requests;
(15) issuing rules requiring businesses whose
processing of personal information presents significant
risk to consumers' privacy or security, to:
(A) perform a cybersecurity audit on an annual
basis, including defining the scope of the audit and
establishing a process to ensure that audits are
thorough and independent. The factors to be considered
in determining when processing may result in
significant risk to the security of personal
information shall include the size and complexity of
the business and the nature and scope of processing
activities; and
(B) submit to the Agency on a regular basis a risk
assessment with respect to their processing of
personal information, including whether the processing
involves sensitive personal information, and
identifying and weighing the benefits resulting from
the processing to the business, the consumer, other
stakeholders, and the public, against the potential
risks to the rights of the consumer associated with

SB3517 - 83 - LRB103 35732 LNS 65813 b
that processing, with the goal of restricting or
prohibiting the processing if the risks to privacy of
the consumer outweigh the benefits resulting from
processing to the consumer, the business, other
stakeholders, and the public. Nothing in this Section
shall require a business to divulge trade secrets;
(16) issuing rules governing access and opt-out rights
with respect to a business's use of automated
decision-making technology, including profiling and
requiring business's response to access requests to
include meaningful information about the logic involved in
those decision-making processes, as well as a description
of the likely outcome of the process with respect to the
consumer;
(17) issuing rules to further define a law enforcement
agency-approved investigation for purposes of the
exception in paragraph (2) of subsection (a) of Section
10-55;
(18) issuing rules to define the scope and process for
the exercise of the Agency's audit authority, to establish
criteria for selection of persons to audit, and to protect
consumers' personal information from disclosure to an
auditor in the absence of a court order, warrant, or
subpoena;
(19) (A) issuing rules to define the requirements and
technical specifications for an opt-out preference signal

SB3517 - 84 - LRB103 35732 LNS 65813 b
sent by a platform, technology, or mechanism, to indicate
a consumer's intent to opt out of the sale or sharing of
the personal information and to limit the use or
disclosure of the sensitive personal information. The
requirements and specifications for the opt-out preference
signal should be updated from time to time to reflect the
means by which consumers interact with businesses, and
should:
(i) ensure that the manufacturer of a platform or
browser or device that sends the opt-out preference
signal cannot unfairly disadvantage another business;
(ii) ensure that the opt-out preference signal is
consumer-friendly, clearly described, and easy to use
by an average consumer and does not require that the
consumer provide additional information beyond what is
necessary;
(iii) clearly represent a consumer's intent and be
free of defaults constraining or presupposing that
intent;
(iv) ensure that the opt-out preference signal
does not conflict with other commonly used privacy
settings or tools that consumers may employ;
(v) provide a mechanism for the consumer to
selectively consent to a business's sale of the
personal information or the use or disclosure of the
sensitive personal information without affecting the

SB3517 - 85 - LRB103 35732 LNS 65813 b
consumer's preferences with respect to other
businesses or disabling the opt-out preference signal
globally; and
(vi) state that in the case of a page or setting
view that the consumer accesses to set the opt-out
preference signal, the consumer should see up to 3
choices, including:
(I) a global opt-out from sale and sharing of
personal information, including a direction to
limit the use of sensitive personal information;
(II) a choice to "Limit the Use of My
Sensitive Personal Information"; and
(III) a choice to "Do Not Sell or Do Not Share
My Personal Information for Cross-Context
Behavioral Advertising";
(B) issuing rules to establish technical
specifications for an opt-out preference signal that
allows the consumer, or the consumer's parent or guardian,
to specify that the consumer is less than 13 years of age
or at least 13 years of age and less than 16 years of age;
and
(C) issuing rules, with the goal of strengthening
consumer privacy while considering the legitimate
operational interests of businesses, to govern the use or
disclosure of sensitive personal information,
notwithstanding the consumer's direction to limit the use

SB3517 - 86 - LRB103 35732 LNS 65813 b
or disclosure of the sensitive personal information,
including:
(i) determining any additional purposes for which
a business may use or disclose sensitive personal
information;
(ii) determining the scope of activities permitted
under the definition of business purposes, as
authorized by subsection (a) of Section 10-35, to
ensure that the activities do not involve
health-related research;
(iii) ensuring the functionality of the business'
operations; and
(iv) ensuring that the exemption in subsection (d)
of Section 10-35 for sensitive personal information
applies to sensitive personal information that is
collected or processed incidentally, or without the
purpose of inferring characteristics about a consumer,
while ensuring that businesses do not use the
exemption for the purpose of evading consumers' rights
to limit the use and disclosure of sensitive personal
information under Section 10-35;
(20) issuing rules to govern how a business that has
elected to comply with subsection (b) of Section 10-50
responds to the opt-out preference signal and provides
consumers with the opportunity subsequently to consent to
the sale or sharing of their personal information or the

SB3517 - 87 - LRB103 35732 LNS 65813 b
use and disclosure of their sensitive personal information
for purposes in addition to those authorized by subsection
(a) of Section 10-50. The rules should:
(A) strive to promote competition and consumer
choice and be technology neutral;
(B) ensure that the business does not respond to
an opt-out preference signal by:
(i) intentionally degrading the functionality
of the consumer experience;
(ii) charging the consumer a fee in response
to the consumer's opt-out preferences;
(iii) making any products or services not
function properly or fully for the consumer, as
compared to consumers who do not use the opt-out
preference signal;
(iv) attempting to coerce the consumer to opt
in to the sale or sharing of the personal
information, or the use or disclosure of the
sensitive personal information, by stating or
implying that the use of the opt-out preference
signal will adversely affect the consumer as
compared to consumers who do not use the opt-out
preference signal, including stating or implying
that the consumer will not be able to use the
business' products or services or that those
products or services may not function properly or

SB3517 - 88 - LRB103 35732 LNS 65813 b
fully; and
(v) displaying any notification or pop-up in
response to the consumer's opt-out preference
signal;
(C) ensure that any link to a webpage or its
supporting content that allows the consumer to consent
to opt in:
(i) is not part of a pop-up, notice, banner,
or other intrusive design that obscures any part
of the webpage the consumer intended to visit from
full view or that interferes with or impedes in
any way the consumer's experience visiting or
browsing the webpage or website the consumer
intended to visit;
(ii) does not require or imply that the
consumer must click the link to receive full
functionality of any products or services,
including the website;
(iii) does not make use of any dark patterns;
and
(iv) applies only to the business with which
the consumer intends to interact; and
(D) strive to curb coercive or deceptive practices
in response to an opt-out preference signal but should
not unduly restrict businesses that are trying in good
faith to comply with Section 10-50;

SB3517 - 89 - LRB103 35732 LNS 65813 b
(21) reviewing existing Illinois Insurance Code
provisions and rules relating to consumer privacy, except
those relating to insurance rates or pricing, to determine
whether any provisions of the Illinois Insurance Code
provide greater protection to consumers than the
provisions of this Act. Upon completing its review, the
Agency shall adopt a rule that applies only the more
protective provisions of this Act to insurance companies.
The Director of Insurance shall have jurisdiction over
insurance rates and pricing; and
(22) harmonizing the rules governing opt-out
mechanisms, notices to consumers, and other operational
mechanisms in this Act to promote clarity and the
functionality of this Act for consumers.
(b) The Attorney General may adopt additional rules as
necessary to further the purposes of this Act.
(c) The Attorney General shall not bring an enforcement
action under this Act until 6 months after the publication of
the final rules adopted under this Section or July 1, 2025,
whichever is sooner.
(d) Notwithstanding subsection (a), the timeline for
adopting final rules required by the Act shall be July 1, 2025.
Beginning the later of July 1, 2025, or 6 months after the
Agency provides notice to the Attorney General that it is
prepared to begin rulemaking under this Act, the authority
assigned to the Attorney General to adopt rules under this

SB3517 - 90 - LRB103 35732 LNS 65813 b
Section shall be exercised by the Agency. Notwithstanding any
other law, civil and administrative enforcement of the
provisions of law added or amended by this Act shall not
commence until July 1, 2025, and shall only apply to
violations occurring on or after that date.
Section 10-80. Anti-avoidance. A court or the Agency shall
disregard the intermediate steps or transactions for purposes
of effectuating the purposes of this Act:
(1) if a series of steps or transactions were
component parts of a single transaction intended from the
beginning to be taken with the intention of avoiding the
reach of this Act, including the disclosure of personal
information by a business to a third party in order to
avoid the definition of sell or share; or
(2) if steps or transactions were taken to purposely
avoid the definition of sell or share by eliminating any
monetary or other valuable consideration, including by
entering into contracts that do not include an exchange
for monetary or other valuable consideration, but where a
party is obtaining something of value or use.
Section 10-85. Waiver. Any provision of a contract or
agreement of any kind, including a representative action
waiver, that purports to waive or limit in any way a consumer's
rights under this Act, including, but not limited to, any

SB3517 - 91 - LRB103 35732 LNS 65813 b
right to a remedy or means of enforcement, shall be deemed
contrary to public policy and shall be void and unenforceable.
This Section shall not prevent a consumer from declining to
request personal information from a business, declining to opt
out of a business's sale of the personal information, or
authorizing a business to sell or share the personal
information after previously opting-out.
Section 10-90. Good faith cooperation. The Agency, and any
court, as applicable, shall consider the good faith
cooperation of the business, service provider, contractor, or
other person in determining the amount of any administrative
fine or civil penalty for a violation of this Act. A business
shall not be required by the Agency, a court, or otherwise to
pay both an administrative fine and a civil penalty for the
same violation.
Section 10-95. Remedies.
(a) Any business, service provider, contractor, or other
person that violates this Act shall be subject to an
injunction and liable for a civil penalty of not more than
$2,500 for each violation or $7,500 for each intentional
violation and each violation involving the personal
information of minor consumers, as adjusted by rule, which
shall be assessed and recovered in a civil action brought by
the Attorney General. The court may consider the good faith

SB3517 - 92 - LRB103 35732 LNS 65813 b
cooperation of the business, service provider, contractor, or
other person in determining the amount of the civil penalty.
(b) Any civil penalty recovered by an action brought by
the Attorney General for a violation of this Act, and the
proceeds of any settlement of any said action, shall be
deposited into the Consumer Privacy Fund.
(c) The Agency shall, upon request by the Attorney
General, stay an administrative action or investigation under
this Act to permit the Attorney General to proceed with an
investigation or civil action and shall not pursue an
administrative action or investigation, unless the Attorney
General subsequently determines not to pursue an investigation
or civil action. The Agency may not limit the authority of the
Attorney General to enforce this Act.
(d) No civil action may be filed by the Attorney General
under this Section for any violation of this Act after the
Agency has issued a decision under Section 15-80 or an order
under Section 15-50 against that person for the same
violation.
(e) This Section shall not affect the private right of
action provided for in Section 10-60.
Article 15. Privacy Protection Agency
Section 15-5. Establishment of Privacy Protection Agency.
(a) There is hereby established the Privacy Protection

SB3517 - 93 - LRB103 35732 LNS 65813 b
Agency, which is vested with full administrative power,
authority, and jurisdiction to implement and enforce this Act.
The Agency shall be governed by a 5-member board, including
the chairperson. The chairperson and one member of the Board
shall be appointed by the Governor. The Attorney General,
President of the Senate, and Speaker of the House shall each
appoint one member to the Board. These appointments should be
made from among State residents with expertise in the areas of
privacy, technology, and consumer rights.
(b) The initial appointments to the Board shall be made
within 90 days of the effective date of this Act.
Section 15-10. Member requirements. Members of the Board
shall:
(1) have qualifications, experience, and skills, in
particular in the areas of privacy and technology,
required to perform the duties of the Agency and exercise
its powers;
(2) maintain the confidentiality of information which
has come to their knowledge in the course of the
performance of their tasks or exercise of their powers,
except to the extent that disclosure is required by the
Freedom of Information Act;
(3) remain free from external influence, whether
direct or indirect, and shall neither seek nor take
instructions from another;

SB3517 - 94 - LRB103 35732 LNS 65813 b
(4) refrain from any action incompatible with their
duties and engaging in any incompatible occupation,
whether gainful or not, during their term;
(5) have the right of access to all information made
available by the Agency to the chairperson;
(6) be precluded, for a period of one year after
leaving office, from accepting employment with a business
that was subject to an enforcement action or civil action
under this Act during the member's tenure or during the
5-year period preceding the member's appointment; and
(7) be precluded for a period of 2 years after leaving
office from acting, for compensation, as an agent or
attorney for, or otherwise representing, any other person
in a matter pending before the Agency if the purpose is to
influence an action of the Agency.
Section 15-15. Terms. Members of the Board, including the
chairperson, shall serve at the pleasure of their appointing
authority but shall serve for no longer than 8 consecutive
years.
Section 15-20. Compensation. For each day on which they
engage in official duties, members of the Board shall be
compensated at the rate of $100, adjusted biennially to
reflect changes in the cost of living, and shall be reimbursed
for expenses incurred in performance of their official duties.

SB3517 - 95 - LRB103 35732 LNS 65813 b
Section 15-25. Executive director, officers, counsel, and
employees. The Board shall appoint an executive director who
shall act in accordance with Agency policies and rules and
with applicable law. The Agency shall appoint and discharge
officers, counsel, and employees, consistent with applicable
civil service laws, and shall fix the compensation of
employees and prescribe their duties. The Agency may contract
for services that cannot be provided by its employees.
Section 15-30. Authority. The Board may delegate authority
to the chairperson or the executive director to act in the name
of the Agency between meetings of the Agency, except with
respect to resolution of enforcement actions and rulemaking
authority.
Section 15-35. Functions. The Agency shall perform the
following functions:
(1) administer, implement, and enforce through
administrative actions this Act;
(2) on and after the earlier of July 1, 2025, or within
6 months of the Agency providing the Attorney General with
notice that it is prepared to assume rulemaking
responsibilities under this Act, adopt, amend, and rescind
rules under Section 10-75 to carry out the purposes and
provisions of this Act, including rules specifying

SB3517 - 96 - LRB103 35732 LNS 65813 b
recordkeeping requirements for businesses to ensure
compliance with this Act;
(3) through the implementation of this Act, protect
the fundamental privacy rights of natural persons with
respect to the use of their personal information;
(4) promote public awareness and understanding of the
risks, rules, responsibilities, safeguards, and rights in
relation to the collection, use, sale, and disclosure of
personal information, including the rights of minors with
respect to their own information, and provide a public
report summarizing the risk assessments filed with the
Agency while ensuring that data security is not
compromised;
(5) provide guidance to consumers regarding their
rights under this Act;
(6) provide guidance to businesses regarding their
duties and responsibilities under this Act and appoint a
Chief Privacy Auditor to conduct audits of businesses to
ensure compliance with this Act;
(7) provide technical assistance and advice to the
General Assembly, upon request, with respect to
privacy-related legislation;
(8) monitor relevant developments relating to the
protection of personal information and in particular, the
development of information and communication technologies
and commercial practices;

SB3517 - 97 - LRB103 35732 LNS 65813 b
(9) cooperate with other agencies with jurisdiction
over privacy laws and with data processing authorities in
this State, other states, territories, and countries to
ensure consistent application of privacy protections;
(10) establish a mechanism under which persons doing
business in this State that do not meet the definition of
business may voluntarily certify that they are in
compliance with this Act, and make a list of those
entities available to the public;
(11) solicit, review, and approve applications for
grants to the extent funds are available under paragraph
(2) of subsection (b) of Section 10-70; and
(12) perform all other acts necessary or appropriate
in the exercise of its power, authority, and jurisdiction
and seek to balance the goals of strengthening consumer
privacy while giving attention to the impact on
businesses.
Section 15-40. Investigation of violations.
(a) Upon the sworn complaint of any person or on its own
initiative, the Agency may investigate possible violations of
this Act relating to any business, service provider,
contractor, or person. The Agency may decide not to
investigate a complaint or decide to provide a business with a
period to cure the alleged violation. In making a decision not
to investigate or provide more time to cure, the Agency may

SB3517 - 98 - LRB103 35732 LNS 65813 b
consider:
(1) the lack of intent to violate this Act; and
(2) the voluntary efforts undertaken by the business,
service provider, contractor, or person to cure the
alleged violation prior to being notified by the Agency of
the complaint.
(b) The Agency shall notify in writing the person who made
the complaint of the action, if any, the Agency has taken or
plans to take on the complaint, together with the reasons for
that action or nonaction.
Section 15-45. Notice. No finding of probable cause to
believe this Act has been violated shall be made by the Agency
unless, at least 30 days prior to the Agency's consideration
of the alleged violation, the business, service provider,
contractor, or person alleged to have violated this Act is
notified of the violation by service of process or registered
mail with return receipt requested, provided with a summary of
the evidence, and informed of their right to be present in
person and represented by counsel at any proceeding of the
Agency held for the purpose of considering whether probable
cause exists for believing the person violated this Act.
Notice to the alleged violator shall be deemed made on the date
of service, the date the registered mail receipt is signed, or
if the registered mail receipt is not signed, the date
returned by the post office. A proceeding held for the purpose

SB3517 - 99 - LRB103 35732 LNS 65813 b
of considering probable cause shall be private unless the
alleged violator files with the Agency a written request that
the proceeding be public.
Section 15-50. Procedure.
(a) If the Agency determines there is probable cause for
believing this Act has been violated, it shall hold a hearing
to determine if a violation or violations have occurred.
Notice shall be given and the hearing conducted in accordance
with the Illinois Administrative Procedure Act. The Agency
shall have all the powers granted by that Act. If the Agency
determines on the basis of the hearing conducted under this
subsection that a violation or violations have occurred, it
shall issue an order that may require the violator to do all or
any of the following:
(1) cease and desist violation of this Act; or
(2) subject to Section 10-65, pay an administrative
fine of up to $2,500 for each violation, or up to $7,500
for each intentional violation and each violation
involving the personal information of minor consumers to
the Consumer Privacy Fund.
If the Agency determines that no violation has occurred,
it shall publish a declaration so stating.
(b) If 2 or more persons are responsible for any violation
or violations, they shall be jointly and severally liable.

SB3517 - 100 - LRB103 35732 LNS 65813 b
Section 15-55. Rejection of administrative law decision.
Whenever the Agency rejects the decision of an administrative
law judge, the Agency shall state the reasons in writing for
rejecting the decision.
Section 15-60. Subpoenas and evidence. The Agency may
subpoena witnesses, compel their attendance and testimony,
administer oaths and affirmations, take evidence and require
by subpoena the production of any books, papers, records, or
other items material to the performance of the Agency's duties
or exercise of its powers, including, but not limited to, its
power to audit a business's compliance with this Act.
Section 15-65. Limitations. No administrative action
brought under this Act alleging a violation of any of the
provisions of this Act shall be commenced more than 5 years
after the date on which the violation occurred.
(1) The service of the probable cause hearing notice
upon the person alleged to have violated this Act shall
constitute the commencement of the administrative action.
(2) If the person alleged to have violated this Act
engages in the fraudulent concealment of the person's acts
or identity, the 5-year period shall be tolled for the
period of the concealment.
(3) If, upon being ordered by a court to produce any
documents sought by a subpoena in any administrative

SB3517 - 101 - LRB103 35732 LNS 65813 b
proceeding under this Act and the person alleged to have
violated this Act fails to produce documents in response
to the order by the date ordered to comply therewith, the
5-year period shall be tolled for the period of the delay
from the date of filing of the motion to compel until the
date the documents are produced.
Section 15-70. Collection of administrative fines.
(a) In addition to any other available remedies, the
Agency may bring a civil action and obtain a judgment in court
for the purpose of collecting any unpaid administrative fines
imposed under this Act after exhaustion of judicial review of
the Agency's action. The venue for this action shall be in the
county where the administrative fines were imposed by the
Agency. In order to obtain a judgment in a proceeding under
this Section, the Agency shall show, following the procedures
and rules of evidence as applied in ordinary civil actions:
(1) that the administrative fines were imposed
following the procedures set forth in this Act and
implementing rules;
(2) that the defendant or defendants in the action
were notified, by actual or constructive notice, of the
imposition of the administrative fines; and
(3) that a demand for payment has been made by the
Agency and full payment has not been received.
(b) A civil action brought under subsection (a) shall be

SB3517 - 102 - LRB103 35732 LNS 65813 b
commenced within 4 years after the date on which the
administrative fines were imposed.
Section 15-75. Judgment.
(a) If the time for judicial review of a final Agency order
or decision has lapsed, or if all means of judicial review of
the order or decision have been exhausted, the Agency may
apply to the clerk of the court for a judgment to collect the
administrative fines imposed by the order or decision, or the
order as modified in accordance with a decision on judicial
review.
(b) The application, which shall include a certified copy
of the order or decision, or the order as modified in
accordance with a decision on judicial review, and proof of
service of the order or decision, constitutes a sufficient
showing to warrant issuance of the judgment to collect the
administrative fines. The clerk of the court shall enter the
judgment immediately in conformity with the application.
(c) An application made under this Section shall be made
to the clerk of the court in the county where the
administrative fines were imposed by the Agency.
(d) A judgment entered in accordance with this Section has
the same force and effect as, and is subject to all the
provisions of law relating to, a judgment in a civil action and
may be enforced in the same manner as any other judgment of the
court in which it is entered.

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(e) The Agency may bring an application under this Section
only within 4 years after the date on which all means of
judicial review of the order or decision have been exhausted.
(f) The remedies available under this Section are in
addition to those available under any other law.
Section 15-80. Judicial review. Any decision of the Agency
with respect to a complaint or administrative fine shall be
subject to judicial review in an action brought by an
interested party to the complaint or administrative fine and
shall be subject to an abuse of discretion standard.
Article 20. Miscellaneous
Section 20-5. Conflicting provisions. This Act is intended
to further the constitutional right of privacy and to
supplement existing laws relating to personal information. The
provisions of this Act are not limited to information
collected electronically or over the Internet, but apply to
the collection and sale of all personal information collected
by a business from consumers. Wherever possible, law relating
to personal information should be construed to harmonize with
the provisions of this Act, but if a conflict between other
laws and the provisions of this Act, the provisions of the law
that afford the greatest protection for the right of privacy
for consumers shall control.

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Section 20-10. Preemption. This Act is a matter of
statewide concern and supersedes and preempts all rules,
regulations, codes, ordinances, and other laws adopted by a
city, county, municipality, or local agency regarding the
collection and sale of consumers' personal information by a
business.
Section 20-15. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 20-20. Standing. Notwithstanding any other
provision of law, if the State or any of its officials fail to
defend the constitutionality of this Act, any other
governmental agency of this State shall have the authority to
intervene in any court action challenging the
constitutionality of this Act for the purpose of defending its
constitutionality, whether that action is in State or federal
trial court, on appeal, or on discretionary review by the
Illinois Supreme Court or the Supreme Court of the United
States. The reasonable fees and costs of defending the action
shall be a charge on funds appropriated to the Office of the
Attorney General, which shall be satisfied promptly.
Section 20-25. Construction. This Act shall be liberally
construed to effectuate its purposes.

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Section 20-30. Saving clause. This Act is intended to
supplement federal and State law, where permissible, but shall
not apply if that application is preempted by, or in conflict
with, federal law or the Illinois Constitution. The provisions
of this Act relating to children under 16 years of age shall
only apply to the extent not in conflict with the federal
Children's Online Privacy Protection Act.
Article 25. Amendatory Provisions
Section 25-5. The State Finance Act is amended by adding
Section 5.1015 as follows: