HB2937 102ND GENERAL ASSEMBLY

LRB102 14753 LNS 20106 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2937

Introduced 2/19/2021, by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:

705 ILCS 90/1-10
705 ILCS 90/2-5

Amends the Judicial Privacy Act. Defines "internet data aggregator". Provides that it shall additionally be unlawful for an internet data aggregator to sell, license, trade, purchase, or otherwise provide or make available for consideration a judicial officer's personally identifiable information, regardless of intent, if the judicial officer has properly made a written request to not disclose the personal information.

A BILL FOR

AN ACT concerning courts.

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

Section 5. The Judicial Privacy Act is amended by changing Sections 1-10 and 2-5 as follows:

(705 ILCS 90/1-10)

Sec. 1-10. Definitions. As used in this Act:

"Government agency" includes all agencies, authorities, boards, commissions, departments, institutions, offices, and any other bodies politic and corporate of the State created by the constitution or statute, whether in the executive, judicial, or legislative branch; all units and corporate outgrowths created by executive order of the Governor or any constitutional officer, by the Supreme Court, or by resolution of the General Assembly; or agencies, authorities, boards, commissions, departments, institutions, offices, and any other bodies politic and corporate of a unit of local government, or school district.

"Home address" includes a judicial officer's permanent residence and any secondary residences affirmatively identified by the judicial officer, but does not include a judicial officer's work address.

"Immediate family" includes a judicial officer's spouse, child, parent, or any blood relative of the judicial officer or the judicial officer's spouse who lives in the same residence.

"Internet data aggregator" means a commercial entity that collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee of that entity in order to sell the information or provide third-party access to the information.

"Judicial officer" includes actively employed and former or deceased:

(1) Justices of the United States Supreme Court and the Illinois Supreme Court;

(2) Judges of the United States Court of Appeals;

(3) Judges and magistrate judges of the United States District Court;

(4) Judges of the United States Bankruptcy Court;

(5) Judges of the Illinois Appellate Court; and

(6) Judges and associate judges of the Illinois Circuit Courts.

"Personal information" means a home address, home telephone number, mobile telephone number, pager number, personal email address, social security number, federal tax identification number, checking and savings account numbers, credit card numbers, marital status, and identity of children under the age of 18.

"Publicly available content" means any written, printed, or electronic document or record that provides information or that serves as a document or record maintained, controlled, or in the possession of a government agency that may be obtained by any person or entity, from the Internet, from the government agency upon request either free of charge or for a fee, or in response to a request under the Freedom of Information Act.

"Publicly post" or "publicly display" means to communicate to another or otherwise make available to the general public.

"Written request" means written notice signed by a judicial officer or a representative of the judicial officer's employer requesting a government agency, person, business, or association to refrain from posting or displaying publicly available content that includes the judicial officer's personal information.

(Source: P.A. 100-98, eff. 8-11-17.)

(705 ILCS 90/2-5)

Sec. 2-5. Publicly posting a judicial officer's personal information on the Internet by persons, businesses, and associations.

(a) Prohibited Conduct.

(1) All persons, businesses, and associations shall refrain from publicly posting or displaying on the Internet publicly available content that includes a judicial officer's personal information, provided that the judicial officer has made a written request to the person, business, or association that it refrain from disclosing the personal information.

(2) No person, business, or association shall solicit, sell, or trade on the Internet a judicial officer's personal information with the intent to pose an imminent and serious threat to the health and safety of the judicial officer or the judicial officer's immediate family. It shall additionally be unlawful for an Internet data aggregator to sell, license, trade, purchase, or otherwise provide or make available for consideration a judicial officer's personally identifiable information, regardless of intent, if the judicial officer has properly made a written request to not disclose the personal information.

(3) This subsection includes, but is not limited to, Internet phone directories, Internet search engines, Internet data aggregators, and Internet service providers.

(b) Required Conduct.

(1) After a person, business, or association has received a written request from a judicial officer to protect the privacy of the officer's personal information, that person, business, or association shall have 72 hours to remove the personal information from the Internet.

(2) After a person, business, or association has received a written request from a judicial officer, that person, business, or association shall ensure that the judicial officer's personal information is not made available on any website or subsidiary website controlled by that person, business, or association.

(3) After receiving a judicial officer's written request, no person, business, or association shall transfer the judicial officer's personal information to any other person, business, or association through any medium.

(c) Redress.

A judicial officer whose personal information is made public as a result of a violation of this Act may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. If the court grants injunctive or declaratory relief, the person, business, or association responsible for the violation shall be required to pay the judicial officer's costs and reasonable attorney's fees.

(Source: P.A. 97-847, eff. 9-22-12.)