HB3358ham001 101ST GENERAL ASSEMBLY

Rep. Arthur Turner

Filed: 3/26/2019

10100HB3358ham001 LRB101 11180 JLS 58396 a

AMENDMENT TO HOUSE BILL 3358

AMENDMENT NO. ______. Amend House Bill 3358 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Geolocation Privacy Protection Act.

Section 5. Definitions. As used in this Act:

"Geolocation information" means information that: (i) is not the contents of a communication; (ii) is generated by or derived from, in whole or in part, the operation of a mobile device, including, but not limited to, a smart phone, tablet, or laptop computer; and (iii) is sufficient to determine or infer the precise location of that device. "Geolocation information" does not include Internet protocol addresses.

"Location-based application" means a software application that is downloaded or installed onto a device and collects, uses, or stores geolocation information.

"Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. "Private entity" does not include any governmental agency.

"User" means a person who purchases or leases a device.

Section 10. Collection, use, storage, and disclosure of geolocation information from location-based applications.

(a) A private entity that owns, operates, or controls a location-based application on a user's device may not collect, use, store, or disclose geolocation information from a location-based application unless the private entity first receives the user's affirmative express consent after providing clear and accurate notice that:

(1) informs the person that his or her geolocation information will be collected, used, or disclosed;

(2) informs the person of the purpose or purposes for which his or her geolocation information will be collected or used; and

(3) informs the person if his or her geolocation information will be disclosed and identifies the names or categories of private entities to which geolocation information may be disclosed.

(b) A private entity may collect, use, store, or disclose geolocation information from a location-based application on a user's device without receiving affirmative express consent if the collection, storage, or disclosure is:

(1) to allow a parent or legal guardian to locate an unemancipated minor child;

(2) to allow a court-appointed guardian to locate a legally incapacitated person; or

(3) for the provision of fire, medical, public safety, or other emergency services.

(c) This Section shall not apply to geolocation information that is stored locally and is not removed from a user's device.

(d) A private entity need not obtain a person's affirmative express consent after the person's initial consent as described in subsection (a) has been obtained unless the terms previously agreed to under items (1), (2), and (3) of subsection (a) are materially changed.

(e) This Section applies to location-based applications created or modified after the effective date of this Act.

Section 15. Violation. A violation of this Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act.

Section 20. Waivers; contracts.

(a) Any waiver of the provisions of this Act is void and unenforceable.

(b) Any agreement created or modified after the effective date of this Act that does not comply with this Act is void and unenforceable.

Section 25. Applicability. This Act does not apply to:

(1) a health care provider or other covered entity subject to the Federal Health Insurance Portability and Accountability Act of 1996 and the rules promulgated thereunder;

(2) a financial institution or an affiliate of a financial institution that is subject to Title V of the federal Gramm-Leach-Bliley Act and the rules promulgated thereunder;

(3) entities regulated under the Transportation Network Providers Act or any of their subsidiaries that own, operate, or control a location-based application, the sole function of which is to provide transportation services based on geolocation information, to the extent that these entities or their subsidiaries use the geolocation information for the sole purpose of providing a service requested by the individual or the use is otherwise consistent with that individual's reasonable expectations considering the context in which the individual provided the geolocation information to the private entity; or

(4) the following entities and affiliates, as defined in 17 CFR 230.405, of any such entities: telecommunications carriers as defined in 13-202 of the Public Utilities Act and wireless carriers as defined in Section 2 of the Emergency Telephone System Act.

Section 90. 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 Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Geolocation Privacy Protection Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Installment Sales Contract 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 Oversight Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud 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, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, the Reverse Mortgage Act, Section 25 of the Youth Mental Health Protection Act, the Personal Information Protection Act, or the Student Online Personal Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; 100-863, eff. 8-14-18.)".