Illinois General Assembly - Full Text of HB3051
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Full Text of HB3051  101st General Assembly

HB3051 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3051

 

Introduced , by Rep. Carol Ammons

 

SYNOPSIS AS INTRODUCED:
 
New Act
815 ILCS 505/2Z  from Ch. 121 1/2, par. 262Z

    Creates the App Privacy Protection Act. Requires an entity that owns, controls, or operates a web site, online service, or software application to identify in its customer agreements or applicable terms whether third parties collect electronic information directly from the digital devices of individuals in Illinois who use or visit its web site, online service, or software application. Requires the disclosure of the names of those third parties and the categories of information collected. Amends the Consumer Fraud and Deceptive Business Practices Act to provide that a violation of the App Privacy Protection Act constitutes a violation of that Act.


LRB101 10656 JLS 55763 b

 

 

A BILL FOR

 

HB3051LRB101 10656 JLS 55763 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the App
5Privacy Protection Act.
 
6    Section 5. Definitions. In this Act:
7    "Electronic information" means information derived by or
8generated from a web site, online service, or software
9application that is downloaded, installed, or otherwise used on
10a digital device.
11    "Private entity" means an individual, partnership,
12corporation, limited liability company, association, or other
13group, however organized.
 
14    Section 10. Disclosure. A private entity that owns,
15controls, or operates a web site, online service, or software
16application must identify in its customer agreements or
17applicable terms whether third parties collect electronic
18information directly from the digital devices of individuals in
19Illinois who use or visit its web site, online service, or
20software application, and disclose:
21        (1) the names of the third parties; and
22        (2) the types or categories of electronic information

 

 

HB3051- 2 -LRB101 10656 JLS 55763 b

1    the third party collects.
 
2    Section 15. Violation. A violation of this Act constitutes
3a violation of the Consumer Fraud and Deceptive Business
4Practices Act.
 
5    Section 20. Waiver; contracts.
6    (a) Any waiver of the provisions of this Act is void and
7unenforceable.
8    (b) Any agreement created or modified after the effective
9date of this Act that does not comply with this Act is void and
10unenforceable.
 
11    Section 25. The Consumer Fraud and Deceptive Business
12Practices Act is amended by changing Section 2Z as follows:
 
13    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
14    Sec. 2Z. Violations of other Acts. Any person who knowingly
15violates the App Privacy Protection Act, Automotive Repair Act,
16the Automotive Collision Repair Act, the Home Repair and
17Remodeling Act, the Dance Studio Act, the Physical Fitness
18Services Act, the Hearing Instrument Consumer Protection Act,
19the Illinois Union Label Act, the Installment Sales Contract
20Act, the Job Referral and Job Listing Services Consumer
21Protection Act, the Travel Promotion Consumer Protection Act,
22the Credit Services Organizations Act, the Automatic Telephone

 

 

HB3051- 3 -LRB101 10656 JLS 55763 b

1Dialers Act, the Pay-Per-Call Services Consumer Protection
2Act, the Telephone Solicitations Act, the Illinois Funeral or
3Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care
4Act, the Safe and Hygienic Bed Act, the Illinois Pre-Need
5Cemetery Sales Act, the High Risk Home Loan Act, the Payday
6Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a)
7or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a)
8or (b) of Section 3-10 of the Cigarette Use Tax Act, the
9Electronic Mail Act, the Internet Caller Identification Act,
10paragraph (6) of subsection (k) of Section 6-305 of the
11Illinois Vehicle Code, Section 11-1431, 18d-115, 18d-120,
1218d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle
13Code, Article 3 of the Residential Real Property Disclosure
14Act, the Automatic Contract Renewal Act, the Reverse Mortgage
15Act, Section 25 of the Youth Mental Health Protection Act, the
16Personal Information Protection Act, or the Student Online
17Personal Protection Act commits an unlawful practice within the
18meaning of this Act.
19(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
20eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
21100-863, eff. 8-14-18.)