Rep. Kelly Burke
Filed: 4/8/2011
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1 | AMENDMENT TO HOUSE BILL 3025
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2 | AMENDMENT NO. ______. Amend House Bill 3025, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Personal Information Protection Act is | ||||||
6 | amended by changing Sections 5, 10, and 12 and by adding | ||||||
7 | Section 40 as follows: | ||||||
8 | (815 ILCS 530/5)
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9 | Sec. 5. Definitions. In this Act: | ||||||
10 | "Data Collector" may include, but is not limited to,
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11 | government agencies, public and private universities,
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12 | privately and publicly held corporations, financial
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13 | institutions, retail operators, and any other entity that, for | ||||||
14 | any purpose, handles, collects, disseminates, or otherwise
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15 | deals with nonpublic personal information.
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16 | "Breach of the security of the system data" or "breach" |
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1 | means
unauthorized acquisition of computerized data that | ||||||
2 | compromises the security, confidentiality, or integrity of | ||||||
3 | personal information maintained by the data collector. "Breach | ||||||
4 | of the security of the system data" does not include good faith
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5 | acquisition of personal information by an employee or agent of
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6 | the data collector for a legitimate purpose of the data
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7 | collector, provided that the personal information is not used
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8 | for a purpose unrelated to the data collector's business or
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9 | subject to further unauthorized disclosure.
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10 | "Personal information" means an individual's first name or | ||||||
11 | first initial and last name in combination with any one or more
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12 | of the following data elements, when either the name or the | ||||||
13 | data elements are not encrypted or redacted:
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14 | (1) Social Security number. | ||||||
15 | (2) Driver's license number or State identification
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16 | card number.
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17 | (3) Account number or credit or debit card number, or | ||||||
18 | an
account number or credit card number in combination with
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19 | any required security code, access code, or password that
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20 | would permit access to an individual's financial account.
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21 | "Personal information" does not include publicly available
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22 | information that is lawfully made available to the general
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23 | public from federal, State, or local government records.
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24 | (Source: P.A. 94-36, eff. 1-1-06.) | ||||||
25 | (815 ILCS 530/10)
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1 | Sec. 10. Notice of Breach. | ||||||
2 | (a) Any data collector that owns or licenses personal | ||||||
3 | information concerning an Illinois resident shall notify the
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4 | resident at no charge that there has been a breach of the | ||||||
5 | security of the
system data following discovery or notification | ||||||
6 | of the breach.
The disclosure notification shall be made in the | ||||||
7 | most
expedient time possible and without unreasonable delay,
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8 | consistent with any measures necessary to determine the
scope | ||||||
9 | of the breach and restore the reasonable integrity,
security, | ||||||
10 | and confidentiality of the data system. The disclosure | ||||||
11 | notification to an Illinois resident shall include, but need | ||||||
12 | not be limited to, (i) the toll-free numbers and addresses for | ||||||
13 | consumer reporting agencies, (ii) the toll-free number, | ||||||
14 | address, and website address for the Federal Trade Commission, | ||||||
15 | and (iii) a statement that the individual can obtain | ||||||
16 | information from these sources about fraud alerts and security | ||||||
17 | freezes. The notification shall not, however, include | ||||||
18 | information concerning the number of Illinois residents | ||||||
19 | affected by the breach. | ||||||
20 | (b) Any data collector that maintains or stores, but does | ||||||
21 | not own or license, computerized data that
includes personal | ||||||
22 | information that the data collector does not own or license | ||||||
23 | shall notify the owner or licensee of the information of any | ||||||
24 | breach of the security of the data immediately following | ||||||
25 | discovery, if the personal information was, or is reasonably | ||||||
26 | believed to have been, acquired by
an unauthorized person. In |
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1 | addition to providing such notification to the owner or | ||||||
2 | licensee, the data collector shall cooperate with the owner or | ||||||
3 | licensee in matters relating to the breach. That cooperation | ||||||
4 | shall include, but need not be limited to, (i) informing the | ||||||
5 | owner or licensee of the breach, including giving notice of the | ||||||
6 | date or approximate date of the breach and the nature of the | ||||||
7 | breach, and (ii) informing the owner or licensee of any steps | ||||||
8 | the data collector has taken or plans to take relating to the | ||||||
9 | breach. The data collector's cooperation shall not, however, be | ||||||
10 | deemed to require either the disclosure of confidential | ||||||
11 | business information or trade secrets or the notification of an | ||||||
12 | Illinois resident who may have been affected by the breach.
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13 | (b-5) The notification to an Illinois resident required by | ||||||
14 | subsection (a) of this Section may be delayed if an appropriate | ||||||
15 | law enforcement agency determines that notification will | ||||||
16 | interfere with a criminal investigation and provides the data | ||||||
17 | collector with a written request for the delay. However, the | ||||||
18 | data collector must notify the Illinois resident as soon as | ||||||
19 | notification will no longer interfere with the investigation.
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20 | (c) For purposes of this Section, notice to consumers may | ||||||
21 | be provided by one of the following methods:
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22 | (1) written notice; | ||||||
23 | (2) electronic notice, if the notice provided is
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24 | consistent with the provisions regarding electronic
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25 | records and signatures for notices legally required to be
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26 | in writing as set forth in Section 7001 of Title 15 of the |
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1 | United States Code;
or | ||||||
2 | (3) substitute notice, if the data collector
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3 | demonstrates that the cost of providing notice would exceed
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4 | $250,000 or that the affected class of subject persons to | ||||||
5 | be notified exceeds 500,000, or the data collector does not
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6 | have sufficient contact information. Substitute notice | ||||||
7 | shall consist of all of the following: (i) email notice if | ||||||
8 | the data collector has an email address for the subject | ||||||
9 | persons; (ii) conspicuous posting of the notice on the data
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10 | collector's web site page if the data collector maintains
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11 | one; and (iii) notification to major statewide media. | ||||||
12 | (d) Notwithstanding any other subsection in this Section | ||||||
13 | (c) , a data collector
that maintains its own notification | ||||||
14 | procedures as part of an
information security policy for the | ||||||
15 | treatment of personal
information and is otherwise consistent | ||||||
16 | with the timing requirements of this Act, shall be deemed in | ||||||
17 | compliance
with the notification requirements of this Section | ||||||
18 | if the
data collector notifies subject persons in accordance | ||||||
19 | with its policies in the event of a breach of the security of | ||||||
20 | the system data.
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21 | (Source: P.A. 94-36, eff. 1-1-06; 94-947, eff. 6-27-06.) | ||||||
22 | (815 ILCS 530/12)
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23 | Sec. 12. Notice of breach; State agency. | ||||||
24 | (a) Any State agency that collects personal information | ||||||
25 | concerning an Illinois resident shall notify the
resident at no |
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1 | charge that there has been a breach of the security of the
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2 | system data or written material following discovery or | ||||||
3 | notification of the breach.
The disclosure notification shall | ||||||
4 | be made in the most
expedient time possible and without | ||||||
5 | unreasonable delay,
consistent with any measures necessary to | ||||||
6 | determine the
scope of the breach and restore the reasonable | ||||||
7 | integrity,
security, and confidentiality of the data system. | ||||||
8 | The disclosure notification to an Illinois resident shall | ||||||
9 | include, but need not be limited to, (i) the toll-free numbers | ||||||
10 | and addresses for consumer reporting agencies, (ii) the | ||||||
11 | toll-free number, address, and website address for the Federal | ||||||
12 | Trade Commission, and (iii) a statement that the individual can | ||||||
13 | obtain information from these sources about fraud alerts and | ||||||
14 | security freezes. The notification shall not, however, include | ||||||
15 | information concerning the number of Illinois residents | ||||||
16 | affected by the breach. | ||||||
17 | (a-5) The notification to an Illinois resident required by | ||||||
18 | subsection (a) of this Section may be delayed if an appropriate | ||||||
19 | law enforcement agency determines that notification will | ||||||
20 | interfere with a criminal investigation and provides the State | ||||||
21 | agency with a written request for the delay. However, the State | ||||||
22 | agency must notify the Illinois resident as soon as | ||||||
23 | notification will no longer interfere with the investigation. | ||||||
24 | (b) For purposes of this Section, notice to residents may | ||||||
25 | be provided by one of the following methods:
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26 | (1) written notice;
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1 | (2) electronic notice, if the notice provided is
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2 | consistent with the provisions regarding electronic
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3 | records and signatures for notices legally required to be
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4 | in writing as set forth in Section 7001 of Title 15 of the | ||||||
5 | United States Code;
or
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6 | (3) substitute notice, if the State agency
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7 | demonstrates that the cost of providing notice would exceed
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8 | $250,000 or that the affected class of subject persons to | ||||||
9 | be notified exceeds 500,000, or the State agency does not
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10 | have sufficient contact information. Substitute notice | ||||||
11 | shall consist of all of the following: (i) email notice if | ||||||
12 | the State agency has an email address for the subject | ||||||
13 | persons; (ii) conspicuous posting of the notice on the | ||||||
14 | State agency's web site page if the State agency maintains
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15 | one; and (iii) notification to major statewide media.
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16 | (c) Notwithstanding subsection (b), a State agency
that | ||||||
17 | maintains its own notification procedures as part of an
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18 | information security policy for the treatment of personal
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19 | information and is otherwise consistent with the timing | ||||||
20 | requirements of this Act shall be deemed in compliance
with the | ||||||
21 | notification requirements of this Section if the
State agency | ||||||
22 | notifies subject persons in accordance with its policies in the | ||||||
23 | event of a breach of the security of the system data or written | ||||||
24 | material.
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25 | (d) If a State agency is required to notify more than 1,000 | ||||||
26 | persons of a breach of security pursuant to this Section, the |
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1 | State agency shall also notify, without unreasonable delay, all | ||||||
2 | consumer reporting agencies that compile and maintain files on | ||||||
3 | consumers on a nationwide basis, as defined by 15 U.S.C. | ||||||
4 | Section 1681a(p), of the timing, distribution, and content of | ||||||
5 | the notices. Nothing in this subsection (d) shall be construed | ||||||
6 | to require the State agency to provide to the consumer | ||||||
7 | reporting agency the names or other personal identifying | ||||||
8 | information of breach notice recipients.
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9 | (Source: P.A. 94-947, eff. 6-27-06.) | ||||||
10 | (815 ILCS 530/40 new) | ||||||
11 | Sec. 40. Disposal of materials containing personal | ||||||
12 | information; Attorney General. | ||||||
13 | (a) In this Section, "person" means: a natural person; a | ||||||
14 | corporation, partnership, association, or other legal entity; | ||||||
15 | a unit of local government or any agency, department, division, | ||||||
16 | bureau, board, commission, or committee thereof; or the State | ||||||
17 | of Illinois or any constitutional officer, agency, department, | ||||||
18 | division, bureau, board, commission, or committee thereof. | ||||||
19 | (b) A person must dispose of the materials containing | ||||||
20 | personal information in a manner that renders the personal | ||||||
21 | information unreadable, unusable, and undecipherable. Proper | ||||||
22 | disposal methods include, but are not limited to, the | ||||||
23 | following: | ||||||
24 | (1) Paper documents containing personal information | ||||||
25 | may be either redacted, burned, pulverized, or shredded so |
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1 | that personal information cannot practicably be read or | ||||||
2 | reconstructed. | ||||||
3 | (2) Electronic media and other non-paper media | ||||||
4 | containing personal information may be destroyed or erased | ||||||
5 | so that personal information cannot practicably be read or | ||||||
6 | reconstructed. | ||||||
7 | (c) Any person disposing of materials containing personal | ||||||
8 | information may contract with a third party to dispose of such | ||||||
9 | materials in accordance with this Section. Any third party that | ||||||
10 | contracts with a person to dispose of materials containing | ||||||
11 | personal information must implement and monitor compliance | ||||||
12 | with policies and procedures that prohibit unauthorized access | ||||||
13 | to or acquisition of or use of personal information during the | ||||||
14 | collection, transportation, and disposal of materials | ||||||
15 | containing personal information. | ||||||
16 | (d) Any person, including but not limited to a third party | ||||||
17 | referenced in subsection (c), who violates this Section is | ||||||
18 | subject to a civil penalty of not more than $100 for each | ||||||
19 | individual with respect to whom personal information is | ||||||
20 | disposed of in violation of this Section. A civil penalty may | ||||||
21 | not, however, exceed $50,000 for each instance of improper | ||||||
22 | disposal of materials containing personal information. The | ||||||
23 | Attorney General may impose a civil penalty after notice to the | ||||||
24 | person accused of violating this Section and an opportunity for | ||||||
25 | that person to be heard in the matter. The Attorney General may | ||||||
26 | file a civil action in the circuit court to recover any penalty |
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1 | imposed under this Section. | ||||||
2 | (e) In addition to the authority to impose a civil penalty | ||||||
3 | under subsection (d), the Attorney General may bring an action | ||||||
4 | in the circuit court to remedy a violation of this Section, | ||||||
5 | seeking any appropriate relief. ".
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