SB3890 — CONSUMER DATA PRIVACY

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3890

Introduced 2/6/2026, by Sen. Rachel Ventura

SYNOPSIS AS INTRODUCED:

`New Act`
`30 ILCS 105/5.1038 new`
`815 ILCS 530/55 new`
`815 ILCS 530/60 new`
`815 ILCS 530/65 new`

Creates the Illinois Data Privacy Protection Act. Applies to legal entities that conduct business in Illinois or produce products or services that are targeted to Illinois residents and that satisfy one or more of the following thresholds: during a calendar year, controls or processes personal data of 100,000 consumers or more, excluding personal data controlled or processed solely for the purpose of completing a payment transaction; or derives over 25% of gross revenue from the sale of personal data and processes or controls personal data of 25,000 consumers or more. Requires a controller, alone or jointly with others, to consider the purposes and means of the processing of personal data in protecting the security of consumers while processing personal data and in notifying consumers of a breach of the security of the system. Authorizes rights to consumers under the Act to include, but not be limited to, the right to access their personal data, obtain a list of third parties to whom their data has been disclosed, request corrections to inaccurate data, and question the profiling of their information. Authorizes the Attorney General to enforce the Act. Amends the Personal Information Protection Act. Provides that, annually, on or before January 31, a data broker operating in the State must register with the Attorney General. Provides that the Attorney General shall create a page on its Internet website in which the registration information is accessible to the public that allows consumers to delete their personal information across all registered data brokers. Provides for civil penalties. Amends the State Finance Act to create the Data Privacy Protection Fund. Makes definitions. Makes other changes. Limits the concurrent exercise of home rule powers. Contains a severability provision.

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A BILL FOR

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1 AN ACT concerning civil law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 10. Short title. This Act may be cited as the

5 Illinois Data Privacy Protection Act.

6 Section 11. Definitions. As used in this Act:

7 (a) "Affiliate" means a legal entity that controls, is

8 controlled by, or is under common control with another legal

9 entity. As used in this definition, "control" or "controlled"

10 means: ownership of or the power to vote more than 50% of the

11 outstanding shares of any class of voting security of a

12 company; control in any manner over the election of a majority

13 of the directors or of individuals exercising similar

14 functions; or the power to exercise a controlling influence

15 over the management of a company.

16 (b) "Authenticate" means to use reasonable means to

17 determine that a request to exercise any of the rights under

18 Section 14, subsection (1), paragraphs (b) to (h), is being

19 made by or rightfully on behalf of the consumer who is entitled

20 to exercise the rights with respect to the personal data at

21 issue.

22 (c) "Biometric data" means data generated by automatic

23 measurements of an individual's biological characteristics,

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1 including a fingerprint, a voiceprint, eye retinas, irises, or

2 other unique biological patterns or characteristics that are

3 used to identify a specific individual. Biometric data does

4 not include:

5 (1) a digital or physical photograph;

6 (2) an audio or video recording; or

7 (3) any data generated from a digital or physical

8 photograph, or an audio or video recording, unless the

9 data is generated to identify a specific individual.

10 (d) "Child" has the meaning given in United States Code,

11 Title 15, Section 6501.

12 (e) "Consent" means any freely given, specific, informed,

13 and unambiguous indication of the consumer's wishes by which

14 the consumer signifies agreement to the processing of personal

15 data relating to the consumer. Acceptance of general or broad

16 terms of use or similar document that contains descriptions of

17 personal data processing along with other, unrelated

18 information does not constitute consent. Hovering over,

19 muting, pausing, or closing a given piece of content does not

20 constitute consent. A consent is not valid when the consumer's

21 indication has been obtained by a dark pattern. A consumer may

22 revoke consent previously given consistent with this Act.

23 (f) "Consumer" means a natural person who is an Illinois

24 resident acting only in an individual or household context.

25 Consumer does not include a natural person acting in a

26 commercial or employment context.

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1 (g) "Controller" means the natural or legal person who,

2 alone or jointly with others, determines the purposes and

3 means of the processing of personal data.

4 (h) "Decisions that produce legal or similarly significant

5 effects concerning the consumer" means decisions made by the

6 controller that result in the provision or denial by the

7 controller of financial or lending services, housing,

8 insurance, education enrollment or opportunity, criminal

9 justice, employment opportunities, health care services, or

10 access to essential goods or services.

11 (i) "Dark pattern" means a user interface designed or

12 manipulated with the substantial effect of subverting or

13 impairing user autonomy, decision making, or choice.

14 (j) "Deidentified data" means data that cannot reasonably

15 be used to infer information about or otherwise be linked to an

16 identified or identifiable natural person or a device linked

17 to an identified or identifiable natural person, provided that

18 the controller that possesses the data:

19 (1) takes reasonable measures to ensure that the data

20 cannot be associated with a natural person;

21 (2) publicly commits to process the data only in a

22 deidentified fashion and not attempt to reidentify the

23 data; and

24 (3) contractually obligates any recipients of the

25 information to comply with all provisions of this

26 definition.

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1 (k) "Delete" means to remove or destroy information so

2 that it is not maintained in human- or machine-readable form

3 and cannot be retrieved or used in the ordinary course of

4 business.

5 (l) "Genetic information" means information about an

6 identifiable individual derived from the presence, absence,

7 alteration, or mutation of a gene, or the presence or absence

8 of a specific DNA or RNA marker, which has been obtained from

9 an analysis of:

10 (1) the individual's biological information or

11 specimen; or

12 (2) the biological information or specimen of a person

13 to whom the individual is related.

14 "Genetic information" also means medical or biological

15 information collected from an individual about a particular

16 genetic condition that is or might be used to provide medical

17 care to that individual or the individual's family members.

18 (m) "Identified or identifiable natural person" means a

19 person who can be readily identified, directly or indirectly.

20 (n) "Known child" means a person under circumstances in

21 which a controller has actual knowledge of, or willfully

22 disregards, that the person is under 13 years of age.

23 (o) "Personal data" means any information that is linked

24 or reasonably linkable to an identified or identifiable

25 natural person. Personal data does not include deidentified

26 data or publicly available information. As used in this

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1 definition, "publicly available information" means information

2 that (1) is lawfully made available from federal, state, or

3 local government records or widely distributed media; or (2) a

4 controller has a reasonable basis to believe has lawfully been

5 made available to the general public.

6 (p) "Process" or "processing" means any operation or set

7 of operations that are performed on personal data or on sets of

8 personal data, whether or not by automated means, including,

9 but not limited to, the collection, use, storage, disclosure,

10 analysis, deletion, or modification of personal data.

11 (q) "Processor" means a natural or legal person who

12 processes personal data on behalf of a controller.

13 (r) "Profiling" means any form of automated processing of

14 personal data to evaluate, analyze, or predict personal

15 aspects related to an identified or identifiable natural

16 person's economic situation, health, personal preferences,

17 interests, reliability, behavior, location, or movements.

18 (s) "Pseudonymous data" means personal data that cannot be

19 attributed to a specific natural person without the use of

20 additional information, provided that the additional

21 information is kept separately and is subject to appropriate

22 technical and organizational measures to ensure that the

23 personal data are not attributed to an identified or

24 identifiable natural person.

25 (t) "Sale", "sell", or "sold" means the exchange of

26 personal data for monetary or other valuable consideration by

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1 the controller to a third party. "Sale" does not include the

2 following:

3 (1) the disclosure of personal data to a processor who

4 processes the personal data on behalf of the controller;

5 (2) the disclosure of personal data to a third party

6 for purposes of providing a product or service requested

7 by the consumer;

8 (3) the disclosure or transfer of personal data to an

9 affiliate of the controller;

10 (4) the disclosure of information that the consumer

11 intentionally made available to the general public via a

12 channel of mass media and did not restrict to a specific

13 audience;

14 (5) the disclosure or transfer of personal data to a

15 third party as an asset that is part of a completed or

16 proposed merger, acquisition, bankruptcy, or other

17 transaction in which the third party assumes control of

18 all or part of the controller's assets; or

19 (6) the exchange of personal data between the producer

20 of a good or service and authorized agents of the producer

21 who sell and service the goods and services to enable the

22 cooperative provisioning of goods and services by both the

23 producer and the producer's agents.

24 (u) "Sensitive data" is a form of personal data.

25 "Sensitive data" means:

26 (1) personal data revealing racial or ethnic origin,

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1 religious beliefs, mental or physical health condition or

2 diagnosis, sexual orientation, or citizenship or

3 immigration status;

4 (2) the processing of biometric data or genetic

5 information for the purpose of uniquely identifying an

6 individual;

7 (3) the personal data of a known child; or

8 (4) specific geolocation data.

9 (v) "Specific geolocation data" means information derived

10 from technology, including, but not limited to, global

11 positioning system level latitude and longitude coordinates or

12 other mechanisms that directly identifies the geographic

13 coordinates of a consumer or a device linked to a consumer with

14 an accuracy of more than 3 decimal degrees of latitude and

15 longitude or the equivalent in an alternative geographic

16 coordinate system or a street address derived from the

17 coordinates. Specific geolocation data does not include the

18 content of communications, the contents of databases

19 containing street address information that are accessible to

20 the public as authorized by law, or any data generated by or

21 connected to advanced utility metering infrastructure systems

22 or other equipment for use by a public utility.

23 (w) "Targeted advertising" means displaying advertisements

24 to a consumer in which the advertisement is selected based on

25 personal data obtained or inferred from the consumer's

26 activities over time and across nonaffiliated websites or

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1 online applications to predict the consumer's preferences or

2 interests. Targeted advertising does not include:

3 (1) advertising based on activities within a

4 controller's own websites or online applications;

5 (2) advertising based on the context of a consumer's

6 current search query or visit to a website or online

7 application;

8 (3) advertising to a consumer in response to the

9 consumer's request for information or feedback; or

10 (4) processing personal data solely for measuring or

11 reporting advertising performance, reach, or frequency.

12 "Technology provider" means a person who:

13 (1) contracts with a public educational agency or

14 institution, as part of a one-to-one program or otherwise,

15 to provide a school-issued device for student use; and

16 (2) creates, receives, or maintains educational data

17 pursuant or incidental to a contract with a public

18 educational agency or institution.

19 (x) "Third party" means a natural or legal person, public

20 authority, agency, or body other than the consumer,

21 controller, processor, or an affiliate of the processor or the

22 controller.

23 (y) "Trade secret" means information, including a formula,

24 pattern, compilation, program, device, method, technique, or

25 process, that:

26 (1) derives independent economic value, actual or

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1 potential, from not being generally known to, and not

2 being readily ascertainable by proper means by, other

3 persons who can obtain economic value from its disclosure

4 or use, and

5 (2) is the subject of efforts that are reasonable

6 under the circumstances to maintain its secrecy.

7 The existence of a trade secret is not negated merely

8 because an employee or other person has acquired the trade

9 secret without express or specific notice that it is a trade

10 secret if, under all the circumstances, the employee or other

11 person knows or has reason to know that the owner intends or

12 expects the secrecy of the type of information comprising the

13 trade secret to be maintained.

14 Section 12. Scope; exclusions.

15 (a)(1) Scope. This Act applies to legal entities that

16 conduct business in Illinois or produce products or services

17 that are targeted to Illinois residents, and that satisfy one

18 or more of the following thresholds:

19 (A) during a calendar year, controls or processes

20 personal data of 100,000 consumers or more, excluding

21 personal data controlled or processed solely for the

22 purpose of completing a payment transaction; or

23 (B) derives over 25% of gross revenue from the sale of

24 personal data and processes or controls personal data of

25 25,000 consumers or more.

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1 (2) A controller or processor shall comply with the

2 Student Online Personal Protection Act, except that when the

3 provisions of that Act conflict with this Act, this Act

4 prevails.

5 (b) Exclusions. The provisions of this Act do not apply to

6 the following entities, activities, or types of information:

7 (1) the State, a political subdivision of the State,

8 and units of local government;

9 (2) a federally recognized Indian tribe;

10 (3) information that meets the definition of:

11 (A) protected health information, as defined by

12 and for purposes of the Health Insurance Portability

13 and Accountability Act of 1996, Public Law 104-191,

14 and related regulations;

15 (B) health records, that includes, but is not

16 limited to, any information, whether oral or recorded

17 in any form or medium, that relates to the past,

18 present, or future physical or mental health or

19 condition of a patient; the provision of health care

20 to a patient; or the past, present, or future payment

21 for the provision of health care to a patient;

22 (C) patient identifying information for purposes

23 of Code of Federal Regulations, Title 42, Part 2,

24 established pursuant to the United States Code, Title

25 42, Section 290dd-2;

26 (D) identifiable private information for purposes

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1 of the federal policy for the protection of human

2 subjects, the Code of Federal Regulations, Title 45,

3 Part 46; identifiable private information that is

4 otherwise information collected as part of human

5 subjects research under the good clinical practice

6 guidelines issued by the International Council for

7 Harmonisation; the protection of human subjects under

8 the Code of Federal Regulations, Title 21, Parts 50

9 and 56; or personal data used or shared in research

10 conducted in accordance with one or more of the

11 requirements set forth in this paragraph;

12 (E) information and documents created for purposes

13 of the federal Health Care Quality Improvement Act of

14 1986, Public Law 99-660, and related regulations; or

15 (F) patient safety work product for purposes of

16 Code of Federal Regulations, Title 42, Part 3,

17 established under the United States Code, Title 42,

18 Sections 299b-21 to 299b-26;

19 (4) information that is derived from any of the health

20 care-related information listed in clause (3), but that

21 has been deidentified in accordance with the requirements

22 for deidentification set forth in the Code of Federal

23 Regulations, Title 45, Part 164;

24 (5) information originating from, and intermingled to

25 be indistinguishable with, any of the health care-related

26 information listed in clause (3) that is maintained by:

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1 (A) a covered entity or business associate, as

2 defined by the Health Insurance Portability and

3 Accountability Act of 1996, Public Law 104-191, and

4 related regulations;

5 (B) a health care provider, to include, but not be

6 limited to, any public or private facility that

7 provides, on an inpatient or outpatient basis,

8 preventive, diagnostic, therapeutic, convalescent,

9 rehabilitation, mental health, or intellectual

10 disability services, including general or special

11 hospitals, skilled nursing homes, extended care

12 facilities, intermediate care facilities and mental

13 health centers; or

14 (C) a program or a qualified service organization,

15 as defined by Code of Federal Regulations, Title 42,

16 Part 2, established pursuant to United States Code,

17 Title 42, Section 290dd-2;

18 (6) information that is:

19 (A) maintained by an entity that meets the

20 definition of health care provider under the Code of

21 Federal Regulations, Title 45, Section 160.103, to the

22 extent that the entity maintains the information in

23 the manner required of covered entities with respect

24 to protected health information for purposes of the

25 Health Insurance Portability and Accountability Act of

26 1996, Public Law 104-191, and related regulations;

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1 (B) included in a limited data set, as described

2 under the Code of Federal Regulations, Title 45, Part

3 164.514(e), to the extent that the information is

4 used, disclosed, and maintained in the manner

5 specified by that part;

6 (C) maintained by, or maintained to comply with

7 the rules or orders of, a self-regulatory organization

8 as defined by the United States Code, Title 15,

9 Section 78c(a)(26);

10 (D) originated from, or intermingled with,

11 information described in clause (9) and that a

12 residential mortgage originator or residential

13 mortgage servicer regulated under the Residential

14 Mortgage License Act of 1987 collects, processes,

15 uses, or maintains in the same manner as required

16 under the laws and regulations specified in paragraph

17 (9); or

18 (E) originated from, or intermingled with,

19 information described in clause (9) and that a nonbank

20 financial institution collects, processes, uses, or

21 maintains in the same manner as required under the

22 laws and regulations specified in paragraph (9);

23 (7) information used only for public health activities

24 and purposes, as described under the Code of Federal

25 Regulations, Title 45, Part 164.512;

26 (8) an activity involving the collection, maintenance,

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1 disclosure, sale, communication, or use of any personal

2 data bearing on a consumer's credit worthiness, credit

3 standing, credit capacity, character, general reputation,

4 personal characteristics, or mode of living by a consumer

5 reporting agency, as defined in the United States Code,

6 Title 15, Section 1681a(f), by a furnisher of information,

7 as set forth in the United States Code, Title 15, Section

8 1681s-2, who provides information for use in a consumer

9 report, as defined in the United States Code, Title 15,

10 Section 1681a(d), and by a user of a consumer report, as

11 set forth in the United States Code, Title 15, Section

12 1681b, except that information is only excluded under this

13 paragraph to the extent that the activity involving the

14 collection, maintenance, disclosure, sale, communication,

15 or use of the information by the agency, furnisher, or

16 user is subject to regulation under the federal Fair

17 Credit Reporting Act, United States Code, Title 15,

18 Sections 1681 to 1681x, and the information is not

19 collected, maintained, used, communicated, disclosed, or

20 sold except as authorized by the Fair Credit Reporting

21 Act;

22 (9) personal data collected, processed, sold, or

23 disclosed under the federal Gramm-Leach-Bliley Act, Public

24 Law 106-102, and implementing regulations, if the

25 collection, processing, sale, or disclosure is in

26 compliance with that law;

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1 (10) personal data collected, processed, sold, or

2 disclosed pursuant to the federal Driver's Privacy

3 Protection Act of 1994, United States Code, Title 18,

4 Sections 2721 to 2725, if the collection, processing,

5 sale, or disclosure is in compliance with that law;

6 (11) personal data regulated by the federal Family

7 Educational Rights and Privacy Act, United States Code,

8 Title 20, Section 1232g, and implementing regulations;

9 (12) personal data collected, processed, sold, or

10 disclosed pursuant to the federal Farm Credit Act of 1971,

11 as amended, United States Code, Title 12, Sections 2001 to

12 2279cc, and implementing regulations, Code of Federal

13 Regulations, Title 12, Part 600, if the collection,

14 processing, sale, or disclosure is in compliance with that

15 law;

16 (13) data collected or maintained:

17 (A) in the course of an individual acting as a job

18 applicant to or an employee, owner, director, officer,

19 medical staff member, or contractor of a business if

20 the data is collected and used solely within the

21 context of the role;

22 (B) as the emergency contact information of an

23 individual under subparagraph (A) if used solely for

24 emergency contact purposes; or

25 (C) that is necessary for the business to retain

26 to administer benefits for another individual relating

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1 to the individual under subparagraph (A) if used

2 solely for the purposes of administering those

3 benefits;

4 (14) personal data collected, processed, sold, or

5 disclosed under the Illinois Insurance Code;

6 (15) data collected, processed, sold, or disclosed as

7 part of a payment-only credit, check, or cash transaction

8 where no data about consumers, as defined in Section 11,

9 are retained;

10 (16) a State or federally chartered bank or credit

11 union, or an affiliate or subsidiary that is principally

12 engaged in financial activities, as described in the

13 United States Code, Title 12, Section 1843(k);

14 (17) information that originates from, or is

15 intermingled so as to be indistinguishable from,

16 information described in paragraph (8) and that a person

17 collects, processes, uses, or maintains in the same manner

18 as is required under the laws and regulations specified in

19 paragraph (8);

20 (18) an insurance company and an insurance producer

21 that are regulated by the State under the Illinois

22 Insurance Code, a third-party administrator of

23 self-insurance, or an affiliate or subsidiary of any

24 entity identified in this clause that is principally

25 engaged in financial activities, as described in the

26 United States Code, Title 12, Section 1843(k), except that

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1 this clause does not apply to a person that, alone or in

2 combination with another person, establishes and maintains

3 a self-insurance program that does not otherwise engage in

4 the business of entering into policies of insurance;

5 (19) a small business, as defined by the United States

6 Small Business Administration under the Code of Federal

7 Regulations, Title 13, Part 121, except that a small

8 business identified in this clause is subject to Section

9 17;

10 (20) a nonprofit organization that is established to

11 detect and prevent fraudulent acts in connection with

12 insurance; and

13 (21) an air carrier subject to the federal Airline

14 Deregulation Act, Public Law 95-504, only to the extent

15 that an air carrier collects personal data related to

16 prices, routes, or services and only to the extent that

17 the provisions of the Airline Deregulation Act preempt the

18 requirements of this Act.

19 Controllers that are in compliance with the Children's

20 Online Privacy Protection Act, United States Code, Title 15,

21 Sections 6501 to 6506, and implementing regulations, are

22 deemed compliant with any obligation to obtain parental

23 consent under this Act.

24 Section 13. Responsibility according to role.

25 (a) Controllers and processors are responsible for meeting

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1 the respective obligations established under this Act.

2 (b) Processors are responsible under this Act for adhering

3 to the instructions of the controller and assisting the

4 controller to meet the controller's obligations under this

5 Act. Assistance under this subsection shall include the

6 following:

7 (1) taking into account the nature of the processing,

8 the processor shall assist the controller by appropriate

9 technical and organizational measures, insofar as this is

10 possible, for the fulfillment of the controller's

11 obligation to respond to consumer requests to exercise

12 their rights under Section 14; and

13 (2) taking into account the nature of processing and

14 the information available to the processor, the processor

15 shall assist the controller in meeting the controller's

16 obligations in relation to the security of processing the

17 personal data and in relation to the notification of a

18 breach of the security of the system under the Illinois

19 Personal Information Protection Act and provide

20 information to the controller necessary to enable the

21 controller to conduct and document any data privacy and

22 protection assessments required by Section 18.

23 (c) A contract between a controller and a processor shall

24 govern the processor's data processing procedures with respect

25 to processing performed on behalf of the controller. The

26 contract shall be binding and clearly set forth instructions

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1 for processing data, the nature and purpose of processing, the

2 type of data subject to processing, the duration of

3 processing, and the rights and obligations of both parties.

4 The contract shall also require that the processor:

5 (1) ensure that each person processing the personal

6 data is subject to a duty of confidentiality with respect

7 to the data; and

8 (2) engage a subcontractor only (i) after providing

9 the controller with an opportunity to object, and (ii)

10 pursuant to a written contract in accordance with

11 subsection (e) that requires the subcontractor to meet the

12 obligations of the processor with respect to the personal

13 data.

14 (d) Taking into account the context of processing, the

15 controller and the processor shall implement appropriate

16 technical and organizational measures to ensure a level of

17 security appropriate to the risk and establish a clear

18 allocation of the responsibilities between the controller and

19 the processor to implement the technical and organizational

20 measures.

21 (e) Processing by a processor shall be governed by a

22 contract between the controller and the processor that is

23 binding on both parties and that sets out the processing

24 instructions to which the processor is bound, including the

25 nature and purpose of the processing, the type of personal

26 data subject to the processing, the duration of the

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1 processing, and the obligations and rights of both parties.

2 The contract shall include the requirements imposed by this

3 subsection, subsections (c) and (d), as well as the following

4 requirements:

5 (1) at the choice of the controller, the processor

6 shall delete or return all personal data to the controller

7 as requested at the end of the provision of services,

8 unless retention of the personal data is required by law;

9 (2) upon a reasonable request from the controller, the

10 processor shall make available to the controller all

11 information necessary to demonstrate compliance with the

12 obligations in this Act; and

13 (3) the processor shall allow for, and contribute to,

14 reasonable assessments and inspections by the controller

15 or the controller's designated assessor. Alternatively,

16 the processor may arrange for a qualified and independent

17 assessor to conduct, at least annually and at the

18 processor's expense, an assessment of the processor's

19 policies and technical and organizational measures in

20 support of the obligations under this Act. The assessor

21 must use an appropriate and accepted control standard or

22 framework and assessment procedure for assessments as

23 applicable, and shall provide a report of an assessment to

24 the controller upon request.

25 (f) In no event shall any contract relieve a controller or

26 a processor from the liabilities imposed on a controller or

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1 processor by virtue of the controller's or processor's roles

2 in the processing relationship under this Act.

3 (g) Determining whether a person is acting as a controller

4 or processor with respect to a specific processing of data is a

5 fact-based determination that depends upon the context in

6 which personal data are to be processed. A person that is not

7 limited in the person's processing of personal data pursuant

8 to a controller's instructions, or that fails to adhere to a

9 controller's instructions, is a controller and not a processor

10 with respect to a specific processing of data. A processor

11 that continues to adhere to a controller's instructions with

12 respect to a specific processing of personal data remains a

13 processor. If a processor begins, alone or jointly with

14 others, determining the purposes and means of the processing

15 of personal data, the processor is a controller with respect

16 to the processing.

17 Section 14. Consumer personal data rights.

18 (a)(1) Consumer rights provided. Except as provided in

19 this Act, a controller must comply with a request to exercise

20 the consumer rights provided in this subdivision.

21 (2) A consumer has the right to confirm whether or not a

22 controller is processing personal data concerning the consumer

23 and access the categories of personal data the controller is

24 processing.

25 (3) A consumer has the right to correct inaccurate

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1 personal data concerning the consumer taking into account the

2 nature of the personal data and the purposes of the processing

3 of the personal data.

4 (4) A consumer has the right to delete personal data

5 concerning the consumer.

6 (5) A consumer has the right to obtain personal data

7 concerning the consumer, which the consumer previously

8 provided to the controller, in a portable and, to the extent

9 technically feasible, readily usable format that allows the

10 consumer to transmit the data to another controller without

11 hindrance, where the processing is carried out by automated

12 means.

13 (6) A consumer has the right to opt out of the processing

14 of personal data concerning the consumer for purposes of

15 targeted advertising, the sale of personal data, or profiling

16 in furtherance of automated decisions that produce legal

17 effects concerning a consumer or similarly significant effects

18 concerning a consumer.

19 (7) If a consumer's personal data is profiled in

20 furtherance of decisions that produce legal effects concerning

21 a consumer or similarly significant effects concerning a

22 consumer, the consumer has the right to question the result of

23 the profiling, to be informed of the reason that the profiling

24 resulted in the decision, and, if feasible, to be informed of

25 what actions the consumer might have taken to secure a

26 different decision and the actions that the consumer might

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1 take to secure a different decision in the future. The

2 consumer has the right to review the consumer's personal data

3 used in the profiling. If the decision is determined to have

4 been based upon inaccurate personal data taking into account

5 the nature of the personal data and the purposes of the

6 processing of the personal data, the consumer has the right to

7 have the data corrected and the profiling decision reevaluated

8 based upon the corrected data.

9 (8) A consumer has a right to obtain a list of the specific

10 third parties to which the controller has disclosed the

11 consumer's personal data. If the controller does not maintain

12 the information in a format specific to the consumer, a list of

13 specific third parties to whom the controller has disclosed

14 any consumers' personal data may be provided instead.

15 (b)(1) Exercising consumer rights. A consumer may exercise

16 the rights set forth in this Section by submitting a request,

17 at any time, to a controller specifying which rights the

18 consumer wishes to exercise.

19 (2) In the case of processing personal data concerning a

20 known child, the parent or legal guardian of the known child

21 may exercise the rights under this Act on the child's behalf.

22 (3) In the case of processing personal data concerning a

23 consumer legally subject to guardianship under the Probate Act

24 of 1975, the guardian of the consumer may exercise the rights

25 under this Act on the consumer's behalf.

26 (4) A consumer may designate another person as the

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1 consumer's authorized agent to exercise the consumer's right

2 to opt out of the processing of the consumer's personal data

3 for purposes of targeted advertising and sale under paragraph

4 (6), on the consumer's behalf. A consumer may designate an

5 authorized agent by way of, among other things, a technology,

6 including, but not limited to, an Internet link or a browser

7 setting, browser extension, or global device setting,

8 indicating the consumer's intent to opt out of the processing.

9 A controller shall comply with an opt-out request received

10 from an authorized agent if the controller is able to verify,

11 with commercially reasonable effort, the identity of the

12 consumer and the authorized agent's authority to act on the

13 consumer's behalf.

14 (c)(1) Universal opt-out mechanisms. A controller must

15 allow a consumer to opt out of any processing of the consumer's

16 personal data for the purposes of targeted advertising, or any

17 sale of the consumer's personal data through an opt-out

18 preference signal sent, with the consumer's consent, by a

19 platform, technology, or mechanism to the controller

20 indicating the consumer's intent to opt out of the processing

21 or sale. The platform, technology, or mechanism must:

22 (A) not unfairly disadvantage another controller;

23 (B) not make use of a default setting but require the

24 consumer to make an affirmative, freely given, and

25 unambiguous choice to opt out of the processing of the

26 consumer's personal data;

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1 (C) be consumer-friendly and easy to use by the

2 average consumer;

3 (D) be as consistent as possible with any other

4 similar platform, technology, or mechanism required by any

5 federal or State law or regulation; and

6 (E) enable the controller to accurately determine

7 whether the consumer is an Illinois resident and whether

8 the consumer has made a legitimate request to opt out of

9 any sale of the consumer's personal data or targeted

10 advertising. For purposes of this paragraph, the use of an

11 Internet protocol address to estimate the consumer's

12 location is sufficient to determine the consumer's

13 residence.

14 (2) If a consumer's opt-out request is exercised through

15 the platform, technology, or mechanism required under

16 paragraph (a), and the request conflicts with the consumer's

17 existing controller-specific privacy setting or voluntary

18 participation in a controller's bona fide loyalty, rewards,

19 premium features, discounts, or club card program, the

20 controller must comply with the consumer's opt-out preference

21 signal but may also notify the consumer of the conflict and

22 provide the consumer a choice to confirm the

23 controller-specific privacy setting or participation in the

24 controller's program.

25 (3) The platform, technology, or mechanism required under

26 paragraph (a) is subject to the requirements of subdivision 4.

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1 (4) A controller that recognizes opt-out preference

2 signals that have been approved by other state laws or

3 regulations is in compliance with this subdivision.

4 (d)(1) Except as provided in this Act, a controller must

5 comply with a request to exercise the rights under this

6 Section.

7 (2) A controller must provide one or more secure and

8 reliable means for consumers to submit a request to exercise

9 the consumer's rights under this Section. The means made

10 available must take into account the ways in which consumers

11 interact with the controller and the need for secure and

12 reliable communication of the requests.

13 (3) A controller may not require a consumer to create a new

14 account to exercise a right, but a controller may require a

15 consumer to use an existing account to exercise the consumer's

16 rights under this Section.

17 (4) A controller must comply with a request to exercise

18 the right in this Section, as soon as feasibly possible, but no

19 later than 45 days of receipt of the request.

20 (5) A controller must inform a consumer of any action

21 taken on a request under this Section without undue delay and

22 in any event within 45 days of receipt of the request. That

23 period may be extended once by 45 additional days where

24 reasonably necessary, taking into account the complexity and

25 number of the requests. The controller must inform the

26 consumer of any extension within 45 days of receipt of the

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1 request, together with the reasons for the delay.

2 (6) If a controller does not take action on a consumer's

3 request, the controller must inform the consumer without undue

4 delay and at the latest within 45 days of receipt of the

5 request of the reasons for not taking action and instructions

6 for how to appeal the decision with the controller as

7 described in this Section.

8 (7) Information provided under this Section must be

9 provided by the controller free of charge up to twice annually

10 to the consumer. If requests from a consumer are manifestly

11 unfounded or excessive, in particular because of the

12 repetitive character of the requests, the controller may

13 either charge a reasonable fee to cover the administrative

14 costs of complying with the request or refuse to act on the

15 request. The controller bears the burden of demonstrating the

16 manifestly unfounded or excessive character of the request.

17 (8) A controller is not required to comply with a request

18 to exercise any of the rights under this Section, if the

19 controller is unable to authenticate the request using

20 commercially reasonable efforts. In such cases, the controller

21 may request the provision of additional information reasonably

22 necessary to authenticate the request. A controller is not

23 required to authenticate an opt-out request, but a controller

24 may deny an opt-out request if the controller has a good faith,

25 reasonable, and documented belief that the request is

26 fraudulent. If a controller denies an opt-out request because

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1 the controller believes a request is fraudulent, the

2 controller must notify the person who made the request that

3 the request was denied because of the controller's belief that

4 the request was fraudulent and state the controller's basis

5 for that belief.

6 (9) In response to a consumer request under this Section,

7 a controller must not disclose the following information about

8 a consumer but must instead inform the consumer with

9 sufficient particularity that the controller has collected

10 that type of information:

11 (A) Social Security number;

12 (B) driver's license number or other government-issued

13 identification number;

14 (C) financial account number;

15 (D) health insurance account number or medical

16 identification number;

17 (E) account password, security questions, or answers;

18 or

19 (F) biometric data.

20 (10) In response to a consumer request under subdivision

21 1, a controller is not required to reveal any trade secret.

22 (11) A controller that has obtained personal data about a

23 consumer from a source other than the consumer may comply with

24 a consumer's request to delete the consumer's personal data

25 pursuant to this Section, by either:

26 (A) retaining a record of the deletion request,

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1 retaining the minimum data necessary for the purpose of

2 ensuring the consumer's personal data remains deleted from

3 the business's records and not using the retained data for

4 any other purpose under the provisions of this Act; or

5 (B) opting the consumer out of the processing of

6 personal data for any purpose except for the purposes

7 exempted pursuant to the provisions of this Act.

8 (e)(1) A controller must establish an internal process in

9 which a consumer may appeal a refusal to take action on a

10 request to exercise any of the rights under this Section

11 within a reasonable period of time after the consumer's

12 receipt of the notice sent by the controller under this

13 Section.

14 (2) The appeal process must be conspicuously available.

15 The process must include the ease of use provisions in this

16 Section 3 applicable to submitting requests.

17 (3) Within 45 days of receipt of an appeal, a controller

18 must inform the consumer of any action taken or not taken in

19 response to the appeal along with a written explanation of the

20 reasons in support thereof. That period may be extended by 60

21 additional days if reasonably necessary, taking into account

22 the complexity and number of the requests serving as the basis

23 for the appeal. The controller must inform the consumer of any

24 extension within 45 days of receipt of the appeal together

25 with the reasons for the delay.

26 (4) When informing a consumer of any action taken or not

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1 taken in response to an appeal pursuant to paragraph (c), the

2 controller must provide a written explanation of the reasons

3 for the controller's decision and clearly and prominently

4 provide the consumer with information about how to file a

5 complaint with the Attorney General. The controller must

6 maintain records of all appeals and the controller's responses

7 for at least 24 months and shall, upon written request by the

8 Attorney General as part of an investigation, compile and

9 provide a copy of the records to the Attorney General.

10 Section 15. Processing deidentified data or pseudonymous

11 data.

12 (a) This Act does not require a controller or processor to

13 do any of the following solely for purposes of complying with

14 this Act:

15 (1) reidentify deidentified data;

16 (2) maintain data in identifiable form, or collect,

17 obtain, retain, or access any data or technology, to be

18 capable of associating an authenticated consumer request

19 with personal data; or

20 (3) comply with an authenticated consumer request to

21 access, correct, delete, or port personal data under

22 Section 14, if all of the following are true:

23 (A) the controller is not reasonably capable of

24 associating the request with the personal data, or it

25 would be unreasonably burdensome for the controller to

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1 associate the request with the personal data;

2 (B) the controller does not use the personal data

3 to recognize or respond to the specific consumer who

4 is the subject of the personal data or associate the

5 personal data with other personal data about the same

6 specific consumer; and

7 (C) the controller does not sell the personal data

8 to any third party or otherwise voluntarily disclose

9 the personal data to any third party other than a

10 processor, except as otherwise permitted in this

11 Section.

12 (b) The rights contained in Section 14, subsection (1),

13 paragraphs (b) to (e) and (h), do not apply to pseudonymous

14 data in cases where the controller is able to demonstrate any

15 information necessary to identify the consumer is kept

16 separately and is subject to effective technical and

17 organizational controls that prevent the controller from

18 accessing the information.

19 (c) A controller that uses pseudonymous data or

20 deidentified data must exercise reasonable oversight to

21 monitor compliance with any contractual commitments to which

22 the pseudonymous data or deidentified data are subject, and

23 must take appropriate steps to address any breaches of

24 contractual commitments.

25 (d) A processor or third party must not attempt to

26 identify the subjects of deidentified or pseudonymous data

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1 without the express authority of the controller that caused

2 the data to be deidentified or pseudonymized.

3 (e) A controller, processor, or third party must not

4 attempt to identify the subjects of data that has been

5 collected with only pseudonymous identifiers.

6 Section 16. Responsibilities of controllers.

7 (a)(1) Transparency obligations. Controllers must provide

8 consumers with a reasonably accessible, clear, and meaningful

9 privacy notice that includes:

10 (A) the categories of personal data processed by the

11 controller;

12 (B) the purposes for which the categories of personal

13 data are processed;

14 (C) an explanation of the rights contained in Section

15 14 and how and where consumers may exercise those rights,

16 including how a consumer may appeal a controller's action

17 with regard to the consumer's request;

18 (D) the categories of personal data that the

19 controller sells to or shares with third parties, if any;

20 (E) the categories of third parties, if any, with whom

21 the controller sells or shares personal data;

22 (F) the controller's contact information, including an

23 active email address or other online mechanism that the

24 consumer may use to contact the controller;

25 (G) a description of the controller's retention

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1 policies for personal data; and

2 (H) the date the privacy notice was last updated.

3 (2) If a controller sells personal data to third parties,

4 processes personal data for targeted advertising, or engages

5 in profiling in furtherance of decisions that produce legal

6 effects concerning a consumer or similarly significant effects

7 concerning a consumer, the controller must disclose the

8 processing in the privacy notice and provide access to a clear

9 and conspicuous method outside the privacy notice for a

10 consumer to opt out of the sale, processing, or profiling in

11 furtherance of decisions that produce legal effects concerning

12 a consumer or similarly significant effects concerning a

13 consumer. This method may include but is not limited to an

14 Internet hyperlink clearly labeled "Your Opt-Out Rights" or

15 "Your Privacy Rights" that directly effectuates the opt-out

16 request or takes consumers to a web page where the consumer can

17 make the opt-out request.

18 (3) The privacy notice must be made available to the

19 public in each language in which the controller provides a

20 product or service that is subject to the privacy notice or

21 carries out activities related to the product or service.

22 (4) The controller must provide the privacy notice in a

23 manner that is reasonably accessible to and usable by

24 individuals with disabilities.

25 (5) Whenever a controller makes a material change to the

26 controller's privacy notice or practices, the controller must

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1 notify consumers affected by the material change with respect

2 to any prospectively collected personal data and provide a

3 reasonable opportunity for consumers to withdraw consent to

4 any further materially different collection, processing, or

5 transfer of previously collected personal data under the

6 changed policy. The controller shall take all reasonable

7 electronic measures to provide notification regarding material

8 changes to affected consumers, taking into account available

9 technology and the nature of the relationship.

10 (6) A controller is not required to provide a separate

11 Illinois-specific privacy notice or section of a privacy

12 notice if the controller's general privacy notice contains all

13 the information required by this Section.

14 (7) The privacy notice must be posted online through a

15 conspicuous hyperlink using the word "privacy" on the

16 controller's website home page or on a mobile application's

17 app store page or download page. A controller that maintains

18 an application on a mobile or other device shall also include a

19 hyperlink to the privacy notice in the application's settings

20 menu or in a similarly conspicuous and accessible location. A

21 controller that does not operate a website shall make the

22 privacy notice conspicuously available to consumers through a

23 medium regularly used by the controller to interact with

24 consumers, including, but not limited to, mail.

25 (b)(1) A controller must limit the collection of personal

26 data to what is adequate, relevant, and reasonably necessary

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1 in relation to the purposes for which the data are processed,

2 which must be disclosed to the consumer.

3 (2) Except as provided in this Act, a controller may not

4 process personal data for purposes that are not reasonably

5 necessary to, or compatible with, the purposes for which the

6 personal data are processed, as disclosed to the consumer,

7 unless the controller obtains the consumer's consent.

8 (3) A controller shall establish, implement, and maintain

9 reasonable administrative, technical, and physical data

10 security practices to protect the confidentiality, integrity,

11 and accessibility of personal data, including the maintenance

12 of an inventory of the data that must be managed to exercise

13 these responsibilities. The data security practices shall be

14 appropriate to the volume and nature of the personal data at

15 issue.

16 (4) Except as otherwise provided in this Act, a controller

17 may not process sensitive data concerning a consumer without

18 obtaining the consumer's consent, or, in the case of the

19 processing of personal data concerning a known child, without

20 obtaining consent from the child's parent or lawful guardian,

21 in accordance with the requirement of the Children's Online

22 Privacy Protection Act, United States Code, Title 15, Sections

23 6501 to 6506, and its implementing regulations.

24 (5) A controller shall provide an effective mechanism for

25 a consumer, or, in the case of the processing of personal data

26 concerning a known child, the child's parent or lawful

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1 guardian, to revoke previously given consent under this

2 subsection. The mechanism provided shall be at least as easy

3 as the mechanism by which the consent was previously given.

4 Upon revocation of consent, a controller shall cease to

5 process the applicable data as soon as practicable, but no

6 later than 15 days after the receipt of the request.

7 (6) A controller may not process the personal data of a

8 consumer for purposes of targeted advertising, or sell the

9 consumer's personal data, without the consumer's consent,

10 under circumstances in which the controller knows that the

11 consumer is between the ages of 13 and 16.

12 (7) A controller may not retain personal data that is no

13 longer relevant and reasonably necessary in relation to the

14 purposes for which the data were collected and processed,

15 unless retention of the data is otherwise required by law or

16 permitted under Section 19.

17 (c)(1) Nondiscrimination. A controller shall not process

18 personal data on the basis of a consumer's or a class of

19 consumers' actual or perceived race, color, ethnicity,

20 religion, national origin, sex, gender, gender identity,

21 sexual orientation, familial status, lawful source of income,

22 or disability in a manner that unlawfully discriminates

23 against the consumer or class of consumers with respect to the

24 offering or provision of: housing, employment, credit, or

25 education; or the goods, services, facilities, privileges,

26 advantages, or accommodations of any place of public

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1 accommodation.

2 (2) A controller may not discriminate against a consumer

3 for exercising any of the rights contained in this Act,

4 including denying goods or services to the consumer, charging

5 different prices or rates for goods or services, and providing

6 a different level of quality of goods and services to the

7 consumer. This does not: (i) require a controller to provide a

8 good or service that requires the consumer's personal data

9 that the controller does not collect or maintain; or (ii)

10 prohibit a controller from offering a different price, rate,

11 level, quality, or selection of goods or services to a

12 consumer, including offering goods or services for no fee, if

13 the offering is in connection with a consumer's voluntary

14 participation in a bona fide loyalty, rewards, premium

15 features, discounts, or club card program.

16 (d) Any provision of a contract or agreement of any kind

17 that purports to waive or limit in any way a consumer's rights

18 under this Act is contrary to public policy and is void and

19 unenforceable.

20 Section 17. Requirements for small businesses.

21 (a) A small business, as defined by the United States

22 Small Business Administration under the Code of Federal

23 Regulations, Title 13, Part 121, that conducts business in

24 Illinois or produces products or services that are targeted to

25 Illinois residents must not sell a consumer's sensitive data

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1 without the consumer's prior consent.

2 (b) Penalties and Attorney General enforcement procedures

3 under Section 20 apply to a small business that violates this

4 Section.

5 Section 18. Data privacy policies; data privacy and

6 protection assessments.

7 (a) A controller must document and maintain a description

8 of the policies and procedures the controller has adopted to

9 comply with this Act. The description must include, where

10 applicable:

11 (1) the name and contact information for the

12 controller's chief privacy officer or other individual

13 with primary responsibility for directing the policies and

14 procedures implemented to comply with the provisions of

15 this Act; and

16 (2) a description of the controller's data privacy

17 policies and procedures that reflect the requirements in

18 Section 16, and any policies and procedures designed to:

19 (i) reflect the requirements of this Act in the

20 design of the controller's systems;

21 (ii) identify and provide personal data to a

22 consumer as required by this Act;

23 (iii) establish, implement, and maintain

24 reasonable administrative, technical, and physical

25 data security practices to protect the

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1 confidentiality, integrity, and accessibility of

2 personal data, including the maintenance of an

3 inventory of the data that must be managed to exercise

4 the responsibilities under this item;

5 (iv) limit the collection of personal data to what

6 is adequate, relevant, and reasonably necessary in

7 relation to the purposes for which the data are

8 processed;

9 (v) prevent the retention of personal data that is

10 no longer relevant and reasonably necessary in

11 relation to the purposes for which the data were

12 collected and processed, unless retention of the data

13 is otherwise required by law or permitted under

14 Section 19; and

15 (vi) identify and remediate violations of this

16 Act.

17 (b) A controller must conduct and document a data privacy

18 and protection assessment for each of the following processing

19 activities involving personal data:

20 (1) the processing of personal data for purposes of

21 targeted advertising;

22 (2) the sale of personal data;

23 (3) the processing of sensitive data;

24 (4) any processing activities involving personal data

25 that present a heightened risk of harm to consumers; and

26 (5) the processing of personal data for purposes of

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1 profiling, where the profiling presents a reasonably

2 foreseeable risk of:

3 (i) unfair or deceptive treatment of, or disparate

4 impact on, consumers;

5 (ii) financial, physical, or reputational injury

6 to consumers;

7 (iii) a physical or other intrusion upon the

8 solitude or seclusion, or the private affairs or

9 concerns, of consumers, where the intrusion would be

10 offensive to a reasonable person; or

11 (iv) other substantial injury to consumers.

12 (c) A data privacy and protection assessment must take

13 into account the type of personal data to be processed by the

14 controller, including the extent to which the personal data

15 are sensitive data, and the context in which the personal data

16 are to be processed.

17 (d) A data privacy and protection assessment must identify

18 and weigh the benefits that may flow directly and indirectly

19 from the processing to the controller, consumer, other

20 stakeholders, and the public against the potential risks to

21 the rights of the consumer associated with the processing, as

22 mitigated by safeguards that can be employed by the controller

23 to reduce the potential risks. The use of deidentified data

24 and the reasonable expectations of consumers, as well as the

25 context of the processing and the relationship between the

26 controller and the consumer whose personal data will be

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1 processed, must be factored into this assessment by the

2 controller.

3 (e) A data privacy and protection assessment must include

4 the description of policies and procedures required by

5 subsection (a).

6 (f) As part of a civil investigative demand, the Attorney

7 General may request, in writing, that a controller disclose

8 any data privacy and protection assessment that is relevant to

9 an investigation conducted by the Attorney General. The

10 controller must make a data privacy and protection assessment

11 available to the Attorney General upon a request made under

12 this subsection. The Attorney General may evaluate the data

13 privacy and protection assessments for compliance with this

14 Act. Data privacy and protection assessments are nonpublic

15 data that is data required by State or federal law that is: (1)

16 not about an individual; (2) not accessible by the general

17 public; and (3) accessible by the subject of the data. The

18 disclosure of a data privacy and protection assessment under a

19 request from the Attorney General under this subsection does

20 not constitute a waiver of the attorney-client privilege or

21 work product protection with respect to the assessment and any

22 information contained in the assessment.

23 (g) Data privacy and protection assessments or risk

24 assessments conducted by a controller for the purpose of

25 compliance with other laws or regulations may qualify under

26 this Section if the assessments have a similar scope and

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1 effect.

2 (h) A single data protection assessment may address

3 multiple sets of comparable processing operations that include

4 similar activities.

5 Section 19. Limitations and applicability.

6 (a) The obligations imposed on controllers or processors

7 under this Act do not restrict a controller's or a processor's

8 ability to:

9 (1) comply with federal, State, or local laws, rules,

10 or regulations, including, but not limited to, data

11 retention requirements in State or federal law

12 notwithstanding a consumer's request to delete personal

13 data;

14 (2) comply with a civil, criminal, or regulatory

15 inquiry, investigation, subpoena, or summons by federal,

16 State, local, or other governmental authorities;

17 (3) cooperate with law enforcement agencies concerning

18 conduct or activity that the controller or processor

19 reasonably and in good faith believes may violate federal,

20 State, or local laws, rules, or regulations;

21 (4) investigate, establish, exercise, prepare for, or

22 defend legal claims;

23 (5) provide a product or service specifically

24 requested by a consumer; perform a contract to which the

25 consumer is a party, including fulfilling the terms of a

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1 written warranty; or take steps at the request of the

2 consumer prior to entering into a contract;

3 (6) take immediate steps to protect an interest that

4 is essential for the life or physical safety of the

5 consumer or of another natural person, and if the

6 processing cannot be manifestly based on another legal

7 basis;

8 (7) prevent, detect, protect against, or respond to

9 security incidents, identity theft, fraud, harassment,

10 malicious or deceptive activities, or any illegal

11 activity; preserve the integrity or security of systems;

12 or investigate, report, or prosecute those responsible for

13 any such action;

14 (8) assist another controller, processor, or third

15 party with any of the obligations under this subsection;

16 (9) engage in public or peer-reviewed scientific,

17 historical, or statistical research in the public interest

18 that adheres to all other applicable ethics and privacy

19 laws and is approved, monitored, and governed by an

20 institutional review board, human subjects research ethics

21 review board, or a similar independent oversight entity

22 that has determined:

23 (A) the research is likely to provide substantial

24 benefits that do not exclusively accrue to the

25 controller;

26 (B) the expected benefits of the research outweigh

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1 the privacy risks; and

2 (C) the controller has implemented reasonable

3 safeguards to mitigate privacy risks associated with

4 research, including any risks associated with

5 reidentification; or

6 (10) process personal data for the benefit of the

7 public in the areas of public health, community health, or

8 population health, but only to the extent that the

9 processing is:

10 (A) subject to suitable and specific measures to

11 safeguard the rights of the consumer whose personal

12 data is being processed; and

13 (B) under the responsibility of a professional

14 individual who is subject to confidentiality

15 obligations under federal, State, or local law.

16 (b) The obligations imposed on controllers or processors

17 under this Act do not restrict a controller's or processor's

18 ability to collect, use, or retain data to:

19 (1) effectuate a product recall or identify and repair

20 technical errors that impair existing or intended

21 functionality;

22 (2) perform internal operations that are reasonably

23 aligned with the expectations of the consumer based on the

24 consumer's existing relationship with the controller, or

25 are otherwise compatible with processing in furtherance of

26 the provision of a product or service specifically

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1 requested by a consumer or the performance of a contract

2 to which the consumer is a party; or

3 (3) conduct internal research to develop, improve, or

4 repair products, services, or technology.

5 (c) The obligations imposed on controllers or processors

6 under this Act do not apply if compliance by the controller or

7 processor with this Act would violate an evidentiary privilege

8 under Illinois law and do not prevent a controller or

9 processor from providing personal data concerning a consumer

10 to a person covered by an evidentiary privilege under Illinois

11 law as part of a privileged communication.

12 (d) A controller or processor that discloses personal data

13 to a third-party controller or processor in compliance with

14 the requirements of this Act is not in violation of this Act if

15 the recipient processes the personal data in violation of this

16 Act, provided that at the time of disclosing the personal

17 data, the disclosing controller or processor did not have

18 actual knowledge that the recipient intended to commit a

19 violation. A third-party controller or processor receiving

20 personal data from a controller or processor in compliance

21 with the requirements of this Act is not in violation of this

22 Act for the obligations of the controller or processor from

23 which the third-party controller or processor receives the

24 personal data.

25 (e) Obligations imposed on controllers and processors

26 under this Act shall not:

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1 (1) adversely affect the rights or freedoms of any

2 persons, including exercising the right of free speech

3 pursuant to the First Amendment of the United States

4 Constitution; or

5 (2) apply to the processing of personal data by a

6 natural person in the course of a purely personal or

7 household activity.

8 (f) Personal data that are processed by a controller

9 pursuant to this Section may be processed solely to the extent

10 that the processing is:

11 (1) necessary, reasonable, and proportionate to the

12 purposes listed in this Section;

13 (2) adequate, relevant, and limited to what is

14 necessary in relation to the specific purpose or purposes

15 listed in this Section; and

16 (3) insofar as possible, taking into account the

17 nature and purpose of processing the personal data,

18 subjected to reasonable administrative, technical, and

19 physical measures to protect the confidentiality,

20 integrity, and accessibility of the personal data, and to

21 reduce reasonably foreseeable risks of harm to consumers.

22 (g) If a controller processes personal data under an

23 exemption in this Section, the controller bears the burden of

24 demonstrating that the processing qualifies for the exemption

25 and complies with the requirements in subsection (f).

26 (h) Processing personal data solely for the purposes

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1 expressly identified in subsection (a), clauses (1) to (7),

2 does not, by itself, make an entity a controller with respect

3 to the processing.

4 Section 20. Attorney General enforcement.

5 (a) If a controller or processor violates this Act, the

6 Attorney General, before filing an enforcement action under

7 subsection (b), must provide the controller or processor with

8 a warning letter identifying the specific provisions of this

9 Act the Attorney General alleges have been or are being

10 violated. If, after 30 days of issuance of the warning letter,

11 the Attorney General believes the controller or processor has

12 failed to cure any alleged violation, the Attorney General may

13 bring an enforcement action under subsection (b). This

14 subsection expires January 1, 2028.

15 (b) The Attorney General may bring a civil action against

16 a controller or processor to enforce a provision of this Act.

17 If the State prevails in an action to enforce this Act, the

18 State may, in addition to penalties provided by subsection (c)

19 or other remedies provided by law, be allowed an amount

20 determined by the court to be the reasonable value of all or

21 part of the State's litigation expenses incurred.

22 (c) Any controller or processor that violates this Act is

23 subject to an injunction and liable for a civil penalty of not

24 more than $7,500 for each violation.

25 (d) Nothing in this Act establishes a private right of

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1 action for a violation of this Act or any other law.

2 Section 95. Home rule. A unit of local government,

3 including a home rule unit, may not regulate consumer data

4 privacy. This Section is a denial and limitation of home rule

5 powers and functions under subsection (g) of Section 6 of

6 Article VII of the Illinois Constitution.

7 Section 900. The State Finance Act is amended by adding

8 Section 5.1038 as follows:

9 (30 ILCS 105/5.1038 new)

10 Sec. 5.1038. The Data Privacy Protection Fund.

11 Section 905. The Personal Information Protection Act is

12 amended by adding Sections 55, 60, and 65 as follows:

13 (815 ILCS 530/55 new)

14 Sec. 55. Data broker registry.

15 (a) As used in this Section, "data broker" means a

16 business that knowingly collects and sells to third parties

17 the personal information of a consumer with whom the business

18 does not have a direct relationship. "Data broker" does not

19 include:

20 (1) an entity to the extent that it is covered by the

21 federal Fair Credit Reporting Act;

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1 (2) an entity to the extent that it is covered by the

2 Gramm-Leach-Bliley Act and its implementing regulations;

3 or

4 (3) an entity that collects information that is

5 processed for purposes of providing compliance, enrollment

6 or degree verification, or research services by a

7 nonprofit organization that is established to provide

8 enrollment data reporting services on behalf of

9 postsecondary schools.

10 (b) Annually, on or before January 31, a data broker

11 operating in this State must register with the Attorney

12 General.

13 (c) In registering with the Attorney General, a data

14 broker must pay a registration fee in an amount determined by

15 the Attorney General not to exceed the reasonable costs of

16 establishing and maintaining the informational Internet

17 website described in Section 60. A data broker must also

18 provide the following information:

19 (1) the name of the data broker and its primary

20 physical, email, and Internet website addresses;

21 (2) whether the data broker collects the personal

22 information of minors;

23 (3) whether the data broker collects consumers'

24 precise geolocation;

25 (4) whether the data broker collects consumers'

26 reproductive health care data;

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1 (5) a link to a page on the data broker's Internet

2 website that does not make use of any dark patterns;

3 (6) whether, and to what extent, the data broker or

4 any of its subsidiaries is regulated by any of the

5 following:

6 (A) the federal Fair Credit Reporting Act; and

7 (B) the Gramm-Leach-Bliley Act and its

8 implementing regulations; and

9 (7) any additional information or explanation the data

10 broker chooses to provide concerning its data collection

11 practices.

12 (d) The Attorney General must create a page on its

13 Internet website in which the registration information

14 provided in subsection (c) is made accessible to the public.

15 (e) A data broker that fails to register as required by

16 this Section is liable for civil penalties and costs in an

17 action brought by the Attorney General as follows:

18 (1) a civil penalty of $200 for each day the data

19 broker fails to register as required by this Section;

20 (2) an amount equal to the fees that were due during

21 the period it failed to register; and

22 (3) expenses incurred by the Attorney General in the

23 investigation and administration of the action as the

24 court deems appropriate.

25 (f) All moneys received by the Attorney General under this

26 Section must be deposited into the Data Broker Registry Fund,

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1 a special fund created in the State treasury and be used,

2 subject to appropriation and as directed by the Attorney

3 General, to offset all reasonable costs of enforcing the

4 registration requirements described in subsection (c) and

5 establishing and maintaining the Internet website in

6 subsection (d).

7 (815 ILCS 530/60 new)

8 Sec. 60. Registration information; disclosures.

9 (a) The Attorney General must create a page on its

10 Internet website in which the registration information

11 provided by data brokers described in subsection (b) of

12 Section 55 and the accessible deletion mechanism described in

13 Section 65 are accessible to the public.

14 (b) On or before July 1 following each calendar year in

15 which a business meets the definition of a data broker as

16 defined by this Act, the business must do all of the following:

17 (1) Compile the number of requests under subsection

18 (c) of Section 65 of this Act and Section 14 of the

19 Illinois Data Privacy Protection Act that the data broker

20 received, complied with in whole or in part, and denied

21 during the previous calendar year.

22 (2) Compile the median and the mean number of days

23 within which the data broker substantively responded to

24 requests under subsection (c) of Section 65 of this Act

25 and Section 14 of the Illinois Data Privacy Protection Act

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1 that the data broker received during the previous calendar

2 year.

3 (3) Disclose the metrics compiled under paragraphs (1)

4 and (2) within the data broker's privacy policy posted on

5 the data broker's Internet website and accessible from a

6 link included in the data broker's privacy policy.

7 (c) In its disclosure under paragraph (3) of subsection

8 (b) regarding requests made under subsection (c) of Section 65

9 of this Act, a data broker must disclose the number of requests

10 that the data broker denied in whole or in part because of any

11 of the following:

12 (1) The request was not verifiable.

13 (2) The request was not made by a consumer.

14 (3) The request called for information exempt from

15 deletion.

16 (4) The request was denied on other grounds.

17 (d) In its disclosure under paragraph (3) of subsection

18 (b), a data broker must, for each provision of subsection (b)

19 of Section 12 of the Illinois Data Privacy Protection Act and

20 under which deletion was not required, specify the number of

21 requests in which deletion was not required in whole, or in

22 part, under that provision.

23 (815 ILCS 530/65 new)

24 Sec. 65.Deletion mechanism.

25 (a) By January 1, 2027, the Attorney General, in

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1 consultation with the Illinois Department of Innovation and

2 Technology, must establish an accessible deletion mechanism

3 that does all of the following:

4 (1) Implements and maintains reasonable security

5 procedures and practices, including, but not limited to,

6 administrative, physical, and technical safeguards

7 appropriate to the nature of the information and the

8 purposes for which the personal information will be used

9 and to protect consumers' personal information from

10 unauthorized use, disclosure, access, destruction, or

11 modification.

12 (2) Allows a consumer, through a single verifiable

13 consumer request, to request that every data broker that

14 maintains any personal information delete any personal

15 information related to that consumer held by the data

16 broker or associated service provider or contractor.

17 (3) Allows a consumer to selectively exclude specific

18 data brokers from a request made under subsection (2).

19 (4) Allows a consumer to make a request to alter a

20 previous request made under this Section after at least 45

21 days have passed since the consumer last made a request

22 under this Section.

23 (b) The accessible deletion mechanism established in

24 subsection (a) must meet all of the following requirements:

25 (1) The accessible deletion mechanism must allow a

26 consumer to request the deletion of all personal

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1 information related to that consumer through a single

2 deletion request.

3 (2) The accessible deletion mechanism must permit a

4 consumer to securely submit information in one or more

5 privacy-protecting ways determined by the Attorney General

6 to aid in the deletion request.

7 (3) The accessible deletion mechanism must allow data

8 brokers registered with the Attorney General to determine

9 whether an individual has submitted a verifiable consumer

10 request to delete the personal information related to that

11 consumer as described in paragraph (1) and may not allow

12 the disclosure of any additional personal information when

13 the data broker accesses the accessible deletion mechanism

14 unless otherwise specified in this Section.

15 (4) The accessible deletion mechanism must allow a

16 consumer to make a request described in paragraph (1)

17 using an Internet service operated by the Attorney

18 General.

19 (5) The accessible deletion mechanism must not charge

20 a consumer to make a request described in paragraph (1).

21 (6) The accessible deletion mechanism must allow a

22 consumer to make a request described in paragraph (1) in

23 any language spoken by any consumer for whom personal

24 information has been collected by data brokers.

25 (7) The accessible deletion mechanism must be readily

26 accessible and usable by consumers with disabilities.

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1 (8) The accessible deletion mechanism must support the

2 ability of a consumer's authorized agents to aid in the

3 deletion request.

4 (9) The accessible deletion mechanism must allow the

5 consumer or an authorized agent to verify the status of

6 the consumer's deletion request.

7 (10) The accessible deletion mechanism must provide a

8 description of all of the following:

9 (A) The deletion permitted by this Section,

10 including, but not limited to, the actions required by

11 subsections (c) and (d).

12 (B) The process for submitting a deletion request

13 under this Section.

14 (C) Examples of the types of information that may

15 be deleted.

16 (c)(1) Beginning August 1, 2027, a data broker must access

17 the accessible deletion mechanism established under subsection

18 (a) at least once every 45 days and do all of the following:

19 (A) Within 45 days after receiving a request made

20 under this Section, process all deletion requests made

21 under this Section and delete all personal information

22 related to the consumers making the requests consistent

23 with the requirements of this section.

24 (B) In cases in which a data broker denies a consumer

25 request to delete because the request cannot be verified,

26 process the request as an opt-out of the sale or sharing of

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1 the consumer's personal information as provided for under

2 Section 14 of the Illinois Data Privacy Protection Act and

3 limited by that Act.

4 (C) Direct all service providers or contractors

5 associated with the data broker to delete all personal

6 information in their possession related to the consumers

7 making the requests described in subparagraph (A) of

8 paragraph (1) of subsection (c).

9 (D) Direct all service providers or contractors

10 associated with the data broker to process a request

11 described by subparagraph (B) of paragraph (1) of

12 subsection (c) as an opt-out of the sale or sharing of the

13 consumer's personal information as provided for under

14 Section 14 of the Illinois Data Privacy Protection Act and

15 limited by that Act.

16 (2) Notwithstanding paragraph (1), a data broker may not

17 be required to delete a consumer's personal information if

18 either of the following apply:

19 (A) It is reasonably necessary for the data broker to

20 maintain the personal information to fulfill a purpose

21 described in Section 19 of the Illinois Data Privacy

22 Protection Act.

23 (B) The deletion is not required under Section 14 and

24 subsection (b) of Section 12 of the Illinois Data Privacy

25 Protection Act.

26 (3) Personal information described in paragraph (2) may

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1 only be used for the purposes described in paragraph (2) and

2 may not be used or disclosed for any other purpose, including,

3 but not limited to, marketing purposes.

4 (d)(1) Beginning August 1, 2027, after a consumer has

5 submitted a deletion request and a data broker has deleted the

6 consumer's data under this Section, the data broker must

7 delete all personal information of the consumer at least once

8 every 45 days under this Section unless the consumer requests

9 otherwise or the deletion is not required under paragraph (2)

10 of subsection (c).

11 (2) Beginning August 1, 2027, after a consumer has

12 submitted a deletion request and a data broker has deleted the

13 consumer's data under this Section, the data broker may not

14 sell or share new personal information of the consumer unless

15 the consumer requests otherwise or selling or sharing the

16 personal information is permitted under Section 14 and

17 subsection (b) of Section 12 of the Illinois Data Privacy

18 Protection Act.

19 (e)(1) Beginning January 1, 2029, and every 3 years

20 thereafter, a data broker must undergo an audit by an

21 independent third party to determine compliance with this

22 Section.

23 (2) For an audit completed under paragraph (1), the data

24 broker must submit a report resulting from the audit and any

25 related materials to the Attorney General within 5 business

26 days of a written request from the Attorney General.

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1 (3) A data broker must maintain the report and materials

2 described in paragraph (2) for at least 6 years.

3 (f) The Attorney General may charge an access fee to a data

4 broker when the data broker accesses the accessible deletion

5 mechanism under subsection (d) that does not exceed the

6 reasonable costs of providing that access. A fee collected by

7 the Attorney General under this subsection (f) must be

8 deposited in the Data Privacy Protection Fund.

9 Section 997. Severability. If any provision of this Act or

10 its application to any person or circumstance is held invalid,

11 the invalidity of that provision or application does not

12 affect other provisions or applications of this Act that can

13 be given effect without the invalid provision or application.