Public Act 094-0036
 		





HB1633 Enrolled
LRB094 07564 RXD 37732 b






    AN ACT concerning business.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

 
    Section 1. Short title. This Act may be cited as the  
Personal Information Protection Act.
 
    Section 5. Definitions. In this Act: 
    "Data Collector" may include, but is not limited to,
  
government agencies, public and private universities,

privately and publicly held corporations, financial

institutions, retail operators, and any other entity that, for  
any purpose,  handles, collects, disseminates, or otherwise

deals with nonpublic personal information.

    "Breach of the security of the system data" means

unauthorized acquisition of computerized data that compromises  
the security, confidentiality, or integrity of personal  
information maintained by the data collector. "Breach of the 
security of the system data" does not include good faith

acquisition of personal information by an employee or agent of

the data collector for a legitimate purpose of the data

collector, provided that the personal information is not used

for a purpose unrelated to the data collector's business or

subject to further unauthorized disclosure.

    "Personal information" means an individual's first name or 
first initial and last name in combination with any one or more
  
of the following data elements, when either the name or the  
data elements are not encrypted or redacted:

        (1) Social Security number. 
        (2) Driver's license number or State identification
      
    card number.

        (3) Account number or credit or debit card number, or 
    an
account number or credit card number in combination with

    any required security code, access code, or password that




    would permit access to an individual's financial account.

"Personal information" does not include publicly available

information that is lawfully made available to the general
  
public from federal, State, or local government records.

 
    Section 10. Notice of Breach.   
    (a) Any data collector that owns or licenses personal 
information concerning an Illinois resident shall notify the

resident that there has been a breach of the security of the

system data following discovery or notification of the breach.

The disclosure notification shall be made in the most
expedient 
time possible and without unreasonable delay,
consistent with 
any measures necessary to determine the
scope of the breach and 
restore the reasonable integrity,
security, and 
confidentiality of the data system.

    (b) Any data collector that maintains computerized data 
that
includes personal information that the data collector does 
not own or license shall notify the owner or licensee of the 
information of any breach of the security of the data 
immediately following discovery, if the personal information 
was, or is reasonably believed to have been, acquired by
an 
unauthorized person.

    (c) For purposes of this Section, notice to consumers may  
be provided by one of the following methods:

        (1) written notice; 
        (2) electronic notice, if the notice provided is
      
    consistent with the provisions regarding electronic

    records and signatures for notices legally required to be
      
    in writing as set forth in Section 7001 of Title 15 of the      
    United States Code;
or 
        (3) substitute notice, if the data collector
      
    demonstrates that the cost of providing notice would exceed

    $250,000 or that the affected class of subject persons to      
    be notified exceeds 500,000, or the data collector does not

    have sufficient contact information. Substitute notice      
    shall consist of all of the following: (i) email notice if      
    the data collector has an email address for the subject      
    persons; (ii) conspicuous posting of the notice on the data
      
    collector's web site page if the data collector maintains
     
    one; and (iii) notification to major statewide media.  
    (d) Notwithstanding subsection (c), a data collector
that 
maintains its own notification procedures as part of an

information security policy for the treatment of personal

information and is otherwise consistent with the timing 
requirements of this Act, shall be deemed in compliance
with 
the notification requirements of this Section if the
data 
collector notifies subject persons in accordance with its 
policies in the event of a breach of the security of the system 
data.

 
    Section 15. Waiver. Any waiver of the provisions of this 
Act is
contrary to public policy and is void and unenforceable.

 
    Section 20. Violation. A violation of this Act constitutes

an unlawful practice under the Consumer Fraud and Deceptive  
Business Practices Act.

 
    Section 900. The Consumer Fraud and Deceptive Business  
Practices Act is amended by changing Section 2Z as follows:
 



    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)


    Sec. 2Z. Violations of other Acts. Any person who knowingly 
violates
the Automotive Repair Act,
the Home Repair and 
Remodeling Act,
the Dance Studio Act,
the Physical Fitness 
Services Act,
the Hearing Instrument Consumer Protection Act,

the Illinois Union Label Act,
the Job Referral and Job Listing 
Services Consumer Protection Act,
the Travel Promotion 
Consumer Protection Act,
the Credit Services Organizations 
Act,
the Automatic Telephone Dialers Act,
the Pay-Per-Call 
Services Consumer Protection Act,
the Telephone Solicitations 
Act,
the Illinois Funeral or Burial Funds Act,
the Cemetery 
Care Act,
the Safe and Hygienic Bed Act,
the Pre-Need Cemetery 
Sales Act,
the High Risk Home Loan Act, subsection (a) or (b) 
of Section 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) 
of Section 3-10 of the Cigarette Use Tax Act, the Electronic

Mail Act, paragraph (6)
of
subsection (k) of Section 6-305 of 
the Illinois Vehicle Code, or the Automatic Contract Renewal 
Act, or the Personal Information Protection Act commits an 
unlawful practice within the meaning of this Act.

(Source: P.A. 92-426, eff. 1-1-02; 93-561, eff. 1-1-04; 93-950, 
eff. 1-1-05.)