Illinois General Assembly - Full Text of HB5288
Illinois General Assembly

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Full Text of HB5288  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Kelly M. Burke


New Act
30 ILCS 105/5.930 new

    Creates the Data Privacy Act. Provides for the regulation of the use and sale of data. Defines terms. Establishes consumer rights to copies of information held by persons who control and process data. Provides for the correction of inaccurate data. Provides for restrictions on the use of personal data. Provides for the enforcement of the Act by the Attorney General. Provides civil penalties. Preempts home rule and provides that the regulation of data use and privacy are exclusive powers and functions of the State. Creates the Consumer Privacy Fund as a special fund in the State treasury.

LRB101 19835 JLS 69355 b





HB5288LRB101 19835 JLS 69355 b

1    AN ACT concerning regulation.
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 Data
5Privacy Act.
6    Section 5. Definitions. As used in this Act:
7    (1) "Affiliate" means a legal entity that controls, is
8controlled by, or is under common control with, another legal
10    (2) "Business associate" has the same meaning as in Title
1145 CFR, established pursuant to the federal Health Insurance
12Portability and Accountability Act of 1996.
13    (3) "Business purpose" means the processing of personal
14data for the controller's or its processor's operational
15purposes, or other notified purposes, provided that the
16processing of personal data must be reasonably necessary and
17proportionate to achieve the operational purposes for which the
18personal data was collected or processed or for another
19operational purpose that is compatible with the context in
20which the personal data was collected. Business purposes
22        (a) auditing related to a current interaction with the
23    consumer and concurrent transactions including, but not



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1    limited to, counting ad impressions, verifying positioning
2    and quality of ad impressions, and auditing compliance with
3    this specification and other standards;
4        (b) detecting security incidents, protecting against
5    malicious, deceptive, fraudulent, or illegal activity, and
6    prosecuting those responsible for that activity;
7        (c) identifying and repairing errors that impair
8    existing or intended functionality;
9        (d) short-term, transient use, provided the personal
10    data is not disclosed to another third party and is not
11    used to build a profile about a consumer or otherwise alter
12    an individual consumer's experience outside the current
13    interaction including, but not limited to, the contextual
14    customization of ads shown as part of the same interaction;
15        (e) maintaining or servicing accounts, providing
16    customer service, processing or fulfilling orders and
17    transactions, verifying customer information, processing
18    payments, or providing financing;
19        (f) undertaking internal research for technological
20    development; or
21        (g) authenticating a consumer's identity.
22    (4) "Child" means any natural person under 13 years of age.
23    (5) "Consent" means a clear affirmative act signifying a
24specific, informed, and unambiguous indication of a consumer's
25agreement to the processing of personal data relating to the
26consumer, such as by a written statement or other clear



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1affirmative action.
2    (6) "Consumer" means a natural person who is an Illinois
3resident acting only in an individual or household context. It
4does not include a natural person acting in a commercial or
5employment context.
6    (7) "Controller" means the natural or legal person which,
7alone or jointly with others, determines the purposes and means
8of the processing of personal data.
9    (8) "Covered entity" has the meaning ascribed to that term
10in Title 45 CFR, established pursuant to the federal Health
11Insurance Portability and Accountability Act of 1996.
12    (9)(a) "Data broker" means a business, or unit or units of
13a business, separately or together, that knowingly collects and
14sells or licenses to third parties the brokered personal
15information of a consumer with whom the business does not have
16a direct relationship.
17    (b) Providing publicly available information through
18real-time or near real-time alert services for health or safety
19purposes, and the collection and sale or licensing of brokered
20personal information incidental to conducting those
21activities, does not qualify the business as a data broker.
22    (c) The phrase "sells or licenses" does not include:
23        (i) a one-time or occasional sale of assets that is not
24    part of the ordinary conduct of the business;
25        (ii) a sale or license of data that is merely
26    incidental to the business; or



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1        (iii) providing 411 directory assistance or directory
2    information services, including name, address, and
3    telephone number, on behalf of or as a function of a
4    telecommunications carrier.
5    (10) "Deidentified data" means:
6        (a) data that cannot be linked to a known natural
7    person without additional information kept separately; or
8        (b) data (i) that has been modified to a degree that
9    the risk of reidentification is small, (ii) that is subject
10    to a public commitment by the controller not to attempt to
11    reidentify the data, and (iii) to which one or more
12    enforceable controls to prevent reidentification has been
13    applied. Enforceable controls to prevent reidentification
14    may include legal, administrative, technical, or
15    contractual controls.
16    (11) "Developer" means a person who creates or modifies the
17set of instructions or programs instructing a computer or
18device to perform tasks.
19    (12) "Health care facility" means a hospital, clinic,
20nursing home, laboratory, office, or similar place where a
21health care provider provides health care to patients.
22    (13) "Health care information" means any information,
23whether oral or recorded in any form or medium, that identifies
24or can readily be associated with the identity of a patient and
25directly relates to the patient's health care, including a
26patient's deoxyribonucleic acid and identified sequence of



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1chemical base pairs. The term includes any required accounting
2of disclosures of health care information.
3    (14) "Health care provider" means a person who is licensed,
4certified, registered, or otherwise authorized by the law of
5this State to provide health care in the ordinary course of
6business or practice of a profession.
7    (15) "Identified or identifiable natural person" means a
8person who can be readily identified, directly or indirectly.
9    (16) "Personal data" means any information that is linked
10or reasonably linkable to an identified or identifiable natural
11person. Personal data does not include deidentified data or
12publicly available information. For these purposes, "publicly
13available information" means information that is lawfully made
14available from federal, State, or local government records.
15    (17) "Process" or "processing" means any collection, use,
16storage, disclosure, analysis, deletion, or modification of
17personal data.
18    (18) "Processor" means a natural or legal person that
19processes personal data on behalf of the controller.
20    (19) "Profiling" means any form of automated processing of
21personal data consisting of the use of personal data to
22evaluate certain personal aspects relating to a natural person,
23in particular to analyze or predict aspects concerning that
24natural person's economic situation, health, personal
25preferences, interests, reliability, behavior, location, or



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1    (20) "Protected health information" has the meaning
2ascribed to that term in Title 45 CFR, established pursuant to
3the federal Health Insurance Portability and Accountability
4Act of 1996.
5    (21) "Restriction of processing" means the marking of
6stored personal data with the aim of limiting the processing of
7such personal data in the future.
8    (22)(a) "Sale", "sell", or "sold" means the exchange of
9personal data for monetary consideration by the controller to a
10third party for purposes of licensing or selling personal data
11at the third party's discretion to additional third parties.
12    (b) "Sale" does not include the following: (i) the
13disclosure of personal data to a processor who processes the
14personal data on behalf of the controller; (ii) the disclosure
15of personal data to a third party with whom the consumer has a
16direct relationship for purposes of providing a product or
17service requested by the consumer or otherwise in a manner that
18is consistent with a consumer's reasonable expectations
19considering the context in which the consumer provided the
20personal data to the controller; (iii) the disclosure or
21transfer of personal data to an affiliate of the controller; or
22(iv) the disclosure or transfer of personal data to a third
23party as an asset that is part of a merger, acquisition,
24bankruptcy, or other transaction in which the third party
25assumes control of all or part of the controller's assets.
26    (23) "Sensitive data" means: (a) personal data revealing



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1racial or ethnic origin, religious beliefs, mental or physical
2health condition or diagnosis, or sex life or sexual
3orientation; (b) the processing of genetic or biometric data
4for the purpose of uniquely identifying a natural person; or
5(c) the personal data of a known child.
6    (24) "Targeted advertising" means displaying
7advertisements to a consumer where the advertisement is
8selected based on personal data obtained or inferred over time
9from a consumer's activities across nonaffiliated websites,
10applications, or online services to predict user preferences or
11interests. It does not include advertising to a consumer based
12upon the consumer's visits to a website, application, or online
13service that a reasonable consumer would believe to be
14associated with the publisher where the ad is placed based on
15common branding, trademarks, or other indicia of common
16ownership, or in response to the consumer's request for
17information or feedback.
18    (25) "Third party" means a natural or legal person, public
19authority, agency, or body other than the consumer, controller,
20or an affiliate of the processor of the controller.
21    (26) "Verified request" means the process through which a
22consumer may submit a request to exercise a right or rights set
23forth in this Act, and by which a controller can reasonably
24authenticate the request and the consumer making the request
25using commercially reasonable means.



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1    Section 10. Jurisdictional scope.
2    (1) This Act applies to legal entities that conduct
3business in Illinois or produce products or services that are
4intentionally targeted to residents of Illinois, and that
5satisfy one or more of the following thresholds:
6        (a) Controls or processes personal data of 100,000
7    consumers or more.
8        (b) Derives over 50% of gross revenue from the sale of
9    personal data and processes or controls personal data of
10    25,000 consumers or more.
11    (2) This Act does not apply to:
12        (a) State and local governments.
13        (b) Municipal corporations.
14        (c) Information that meets the definition of:
15            (i) protected health information for purposes of
16        the federal Health Insurance Portability and
17        Accountability Act of 1996 and related regulations;
18            (ii) patient identifying information for purposes
19        of 42 CFR Part 2, established pursuant to 42 U.S.C. 290
20        dd-2;
21            (iii) identifiable private information for
22        purposes of the federal policy for the protection of
23        human subjects, 45 CFR Part 46, or identifiable private
24        information that is otherwise information collected as
25        part of human subjects research pursuant to the good
26        clinical practice guidelines issued by the



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1        International Council for Harmonisation, or the
2        protection of human subjects under 21 CFR Parts 50 and
3        56;
4            (iv) information and documents created
5        specifically for, and collected and maintained by:
6                (A) a quality improvement committee of a
7            health care facility;
8                (B) a peer review committee for purposes
9            disciplinary actions involving a member of a
10            licensed profession;
11                (C) a quality assurance committee for purposes
12            of assisted living facilities and nursing homes;
13            or
14                (D) a health care facility, for reporting of
15            health care-associated infections or a
16            notification of an adverse health incidents;
17            (v) information and documents created for purposes
18        of the federal Health Care Quality Improvement Act of
19        1986, and related regulations; or
20            (vi) patient safety work product information for
21        purposes of 42 CFR Part 3, established pursuant to 42
22        U.S.C. 299b-21-26.
23        (d) Information maintained in the same manner as
24    information under paragraph (c) of subsection (2) by:
25            (i) a covered entity or business associate as
26        defined by the Health Insurance Portability and



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1        Accountability Act of 1996 and related regulations;
2            (ii) a health care facility or health care
3        provider; or
4            (iii) a program or a qualified service
5        organization as defined in 42 CFR Part 2, established
6        pursuant to 42 U.S.C. 290dd-2.
7        (e) Personal data provided to, from, or held by a
8    consumer reporting agency as defined in 15 U.S.C. 1681a(f),
9    and use of that data is in compliance with the federal Fair
10    Credit Reporting Act (15 U.S.C. 1681 et seq.).
11        (f) Personal data collected, processed, sold, or
12    disclosed pursuant to the federal Gramm–Leach–Bliley Act
13    (Public Law 106-102), and implementing regulations, if the
14    collection, processing, sale, or disclosure is in
15    compliance with that law.
16        (g) Personal data collected, processed, sold, or
17    disclosed pursuant to the federal Driver's Privacy
18    Protection Act of 1994 (18 U.S.C. 2721 et seq.), if the
19    collection, processing, sale, or disclosure is in
20    compliance with that law.
21        (h) Data maintained for employment records purposes.
22    Section 15. Responsibility according to role.
23    (1) Controllers are responsible for meeting the
24obligations established under this Act.
25    (2) Processors are responsible under this Act for adhering



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1to the instructions of the controller and assisting the
2controller to meet its obligations under this Act.
3    (3) Processing by a processor is governed by a contract
4between the controller and the processor that is binding on the
5processor and that sets out the processing instructions to
6which the processor is bound.
7    Section 20. Consumer rights. Controllers shall facilitate
8verified requests to exercise the consumer rights set forth in
9subsections (1) through (6) of this Section.
10    (1) Upon a verified request from a consumer, a controller
11must confirm whether or not personal data concerning the
12consumer is being processed by the controller, including
13whether such personal data is sold to data brokers, and, where
14personal data concerning the consumer is being processed by the
15controller, provide access to such personal data that the
16controller maintains in identifiable form concerning the
18        (a) Upon a verified request from a consumer, a
19    controller must provide a copy of the personal data that
20    the controller maintains in identifiable form undergoing
21    processing. For any further copies requested by the
22    consumer, the controller may charge a reasonable fee based
23    on administrative costs. Where the consumer makes the
24    request by electronic means, and unless otherwise
25    requested by the consumer, the information must be provided



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1    in a commonly used electronic form.
2        (b) This subsection does not adversely affect the
3    rights or freedoms of others.
4    (2) Upon a verified request from a consumer, the
5controller, without undue delay, must correct inaccurate
6personal data that the controller maintains in identifiable
7form concerning the consumer. Taking into account the business
8purposes of the processing, the controller must complete
9incomplete personal data, including by means of providing a
10supplementary statement where appropriate.
11    (3)(a) Upon a verified request from a consumer, a
12controller must delete, without undue delay, the consumer's
13personal data that the controller maintains in identifiable
14form if one of the following grounds applies:
15        (i) The personal data is no longer necessary for a
16    business purpose, including the provision of a product or
17    service to the consumer.
18        (ii) For processing that requires consent under
19    subsection (3) of Section 30, the consumer withdraws
20    consent to processing and there are no business purposes
21    for the processing.
22        (iii) The consumer objects to the processing pursuant
23    to subsection (6) of this Section and: (A) there are no
24    business purposes for processing the personal data for the
25    controller, the consumer whose personal data is being
26    processed, or the public, for which the processing is



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1    necessary; or (B) the processing is for targeted
2    advertising.
3        (iv) The personal data has been unlawfully processed.
4        (v) The personal data must be deleted to comply with a
5    legal obligation under federal, State, or local law to
6    which the controller is subject.
7    (b) Where the controller is obliged to delete personal data
8that the controller maintains in identifiable form under this
9Section and that has been disclosed to third parties by the
10controller, including data brokers that received the personal
11data through a sale, the controller must take reasonable steps,
12which may include technical measures, to inform other
13controllers of which it is aware that are processing such
14personal data, and that received such personal data from the
15controller or are processing such personal data on behalf of
16the controller, that the consumer has requested the deletion by
17the other controllers of any links to, or copy or replication
18of, the personal data. Compliance with this obligation must
19take into account available technology and cost of
21    (c) This subsection does not apply to the extent processing
22is necessary:
23        (i) for exercising the right of free speech;
24        (ii) for compliance with a legal obligation that
25    requires processing of personal data by federal, State, or
26    local law, or regulation to which the controller is subject



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1    or for the performance of a task carried out in the public
2    interest or in the exercise of official authority vested in
3    the controller;
4        (iii) for reasons of public interest in the area of
5    public health, where the processing: (A) is subject to
6    suitable and specific measures to safeguard the rights of
7    the consumer; and (B) is under the responsibility of a
8    professional subject to confidentiality obligations under
9    federal, State, or local law;
10        (iv) for archiving purposes in the public interest,
11    scientific or historical research purposes, or statistical
12    purposes, where the deletion of such personal data is
13    likely to render impossible or seriously impair the
14    achievement of the objectives of the processing;
15        (v) for the establishment, exercise, or defense of
16    legal claims;
17        (vi) to detect or respond to security incidents,
18    protect against malicious, deceptive, fraudulent, or
19    illegal activity, or identify, investigate, or prosecute
20    those responsible for that activity; or
21        (vii) for a data broker that received the personal data
22    from third parties and is acting as a controller, solely to
23    prevent the personal data from reappearing in the future,
24    in which case the controller shall instead comply with the
25    requirements in subsection (4) of this Section.
26    (4)(a) Upon a verified request from a consumer, the



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1controller must restrict processing of personal data that the
2controller maintains in identifiable form if the purpose for
3which the personal data is: (i) not consistent with a purpose
4for which the personal data was collected; (ii) not consistent
5with a purpose disclosed to the consumer at the time of
6collection or authorization; or (iii) unlawful.
7    (b) Where personal data is subject to a restriction of
8processing under this subsection, the personal data must, with
9the exception of storage, only be processed: (i) with the
10consumer's consent; (ii) for the establishment, exercise, or
11defense of legal claims; (iii) for the protection of the rights
12of another natural or legal person; (iv) for reasons of
13important public interest under federal, State, or local law;
14(v) to provide products or services requested by the consumer;
15or (vi) for another purpose set forth in paragraph (c) of
16subsection (3).
17    (c) A consumer who has obtained restriction of processing
18pursuant to this subsection must be informed by the controller
19before the restriction of processing is lifted.
20    (5)(a) Upon a verified request from a consumer, the
21controller must provide to the consumer, if technically
22feasible and commercially reasonable, any personal data that
23the controller maintains in identifiable form concerning the
24consumer that such consumer has provided to the controller in a
25structured, commonly used, and machine-readable format if:
26        (i)(A) the processing of such personal data requires



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1    consent under subsection (3) of Section 30, (B) the
2    processing of such personal data is necessary for the
3    performance of a contract to which the consumer is a party,
4    or (C) in order to take steps at the request of the
5    consumer prior to entering into a contract; and
6        (ii) the processing is carried out by automated means.
7    (b) Requests for personal data under this subsection must
8be without prejudice to the other rights granted under this
10    (c) The rights provided in this subsection do not apply to
11processing necessary for the performance of a task carried out
12in the public interest or in the exercise of official authority
13vested in the controller, and must not adversely affect the
14rights of others.
15    (6)(a) A consumer may object through a verified request, on
16grounds relating to the consumer's particular situation, at any
17time to processing of personal data concerning such consumer.
18    (b) When a consumer objects to the processing of their
19personal data for targeted advertising, which includes the sale
20of personal data concerning the consumer to third parties for
21purposes of targeted advertising, the controller must no longer
22process the personal data subject to the objection for such
23purpose and must take reasonable steps to communicate the
24consumer's objection, unless it proves impossible or involves
25disproportionate effort, regarding any further processing of
26the consumer's personal data for such purposes to any third



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1parties to whom the controller sold the consumer's personal
2data for such purposes. Third parties must honor objection
3requests pursuant to this subsection received from third-party
5    (c) If a consumer objects to processing for any purposes,
6other than targeted advertising, the controller may continue
7processing the personal data subject to the objection if the
8controller can demonstrate a legitimate ground to process such
9personal data that overrides the potential risks to the rights
10of the consumer associated with the processing, or if another
11exemption in this Act applies.
12    (7) A controller must communicate any correction,
13deletion, or restriction of processing carried out in
14accordance with subsections (2), (3), or (4) of this Section to
15each third-party recipient to whom the controller knows the
16personal data has been disclosed, including third parties that
17received the data through a sale, within one year preceding the
18verified request unless this proves functionally impractical,
19technically infeasible, or involves disproportionate effort,
20or the controller knows or is informed by the third party that
21the third party is not continuing to use the personal data. The
22controller must inform the consumer about third-party
23recipients or categories with whom the controller shares
24personal information, if any, if the consumer requests such
26    (8) A controller must provide information on action taken



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1on a verified request under subsections (1) through (6) of this
2Section without undue delay and in any event within 30 days of
3receipt of the request. That period may be extended by 60
4additional days where reasonably necessary, taking into
5account the complexity and number of the requests. The
6controller must inform the consumer of any such extension
7within 30 days of receipt of the request, together with the
8reasons for the delay. Where the consumer makes the request by
9electronic means, the information must be provided by
10electronic means where possible, unless otherwise requested by
11the consumer.
12        (a) If a controller does not take action on the request
13    of a consumer, the controller must inform the consumer
14    without undue delay and at the latest within 30 days of
15    receipt of the request of the reasons for not taking action
16    and any possibility for internal review of the decision by
17    the controller.
18        (b) Information provided under this Section must be
19    provided by the controller free of charge to the consumer.
20    Where requests from a consumer are manifestly unfounded or
21    excessive, in particular because of their repetitive
22    character, the controller may either: (i) charge a
23    reasonable fee taking into account the administrative
24    costs of providing the information or communication or
25    taking the action requested; or (ii) refuse to act on the
26    request. The controller bears the burden of demonstrating



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1    the manifestly unfounded or excessive character of the
2    request.
3        (c) Where the controller has reasonable doubts
4    concerning the identity of the consumer making a request
5    under subsections (1) through (6) of this Section, the
6    controller may request the provision of additional
7    information necessary to confirm the identity of the
8    consumer.
9    Section 25. Transparency.
10    (1) Controllers must be transparent and accountable for
11their processing of personal data, by making available in a
12form that is reasonably accessible to consumers a clear,
13meaningful privacy notice that includes:
14        (a) the categories of personal data collected by the
15    controller;
16        (b) the purposes for which the categories of personal
17    data is used and disclosed to third parties, if any;
18        (c) the rights that consumers may exercise pursuant to
19    Section 20, if any;
20        (d) the categories of personal data that the controller
21    shares with third parties, if any; and
22        (e) the categories of third parties, if any, with whom
23    the controller shares personal data.
24    (2) If a controller sells personal data to data brokers or
25processes personal data for targeted advertising, it must



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1disclose such processing, as well as the manner in which a
2consumer may exercise the right to object to such processing,
3in a clear and conspicuous manner.
4    Section 30. Risk assessments.
5    (1) Controllers must conduct, to the extent not previously
6conducted, a risk assessment of each of their processing
7activities involving personal data and an additional risk
8assessment any time there is a change in processing that
9materially increases the risk to consumers. Such risk
10assessments must take into account the type of personal data to
11be processed by the controller, including the extent to which
12the personal data is sensitive data or otherwise sensitive in
13nature, and the context in which the personal data is to be
15    (2) Risk assessments conducted under subsection (1) must
16identify and weigh the benefits that may flow directly and
17indirectly from the processing to the controller, consumer,
18other stakeholders, and the public, against the potential risks
19to the rights of the consumer associated with such processing,
20as mitigated by safeguards that can be employed by the
21controller to reduce such risks. The use of deidentified data
22and the reasonable expectations of consumers, as well as the
23context of the processing and the relationship between the
24controller and the consumer whose personal data will be
25processed, must factor into this assessment by the controller.



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1    (3) If the risk assessment conducted under subsection (1)
2determines that the potential risks of privacy harm to
3consumers are substantial and outweigh the interests of the
4controller, consumer, other stakeholders, and the public in
5processing the personal data of the consumer, the controller
6may only engage in such processing with the consent of the
7consumer or if another exemption under this Act applies. To the
8extent the controller seeks consumer consent for processing,
9such consent shall be as easy to withdraw as to give.
10    (4) Processing for a business purpose shall be presumed to
11be permissible unless: (a) it involves the processing of
12sensitive data; and (b) the risk of processing cannot be
13reduced through the use of appropriate administrative and
14technical safeguards.
15    (5) The controller must make the risk assessment available
16to the Attorney General upon request. Risk assessments are
17confidential and exempt from public inspection and copying
18under the Freedom of Information Act.
19    Section 35. Deidentified data. A controller or processor
20that uses deidentified data must exercise reasonable oversight
21to monitor compliance with any contractual commitments to which
22the deidentified data is subject, and must take appropriate
23steps to address any breaches of contractual commitments.
24    Section 40. Exemptions.



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1    (1) The obligations imposed on controllers or processors
2under this Act do not restrict a controller's or processor's
3ability to:
4        (a) comply with federal, State, or local laws, rules,
5    or regulations;
6        (b) comply with a civil, criminal, or regulatory
7    inquiry, investigation, subpoena, or summons by federal,
8    State, local, or other governmental authorities;
9        (c) cooperate with law enforcement agencies concerning
10    conduct or activity that the controller or processor
11    reasonably and in good faith believes may violate federal,
12    State, or local law;
13        (d) investigate, exercise, or defend legal claims;
14        (e) prevent or detect identity theft, fraud, or other
15    criminal activity or verify identities;
16        (f) perform a contract to which the consumer is a party
17    or in order to take steps at the request of the consumer
18    prior to entering into a contract;
19        (g) protect the vital interests of the consumer or of
20    another natural person;
21        (h) perform a task carried out in the public interest
22    or in the exercise of official authority vested in the
23    controller;
24        (i) process personal data of a consumer for one or more
25    specific purposes where the consumer has given their
26    consent to the processing; or



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1        (j) prevent, detect, or respond to security incidents,
2    identity theft, fraud, harassment, malicious or deceptive
3    activities, or any illegal activity; preserve the
4    integrity or security of systems; or investigate, report,
5    or prosecute those responsible for any such action.
6    (2) The obligations imposed on controllers or processors
7under this Act do not apply where compliance by the controller
8or processor with this Act would violate an evidentiary
9privilege under Illinois law and do not prevent a controller or
10processor from providing personal data concerning a consumer to
11a person covered by an evidentiary privilege under Illinois law
12as part of a privileged communication.
13    (3) A controller or processor that discloses personal data
14to a third-party controller or processor in compliance with the
15requirements of this Act is not in violation of this Act,
16including under Section 45, if the recipient processes such
17personal data in violation of this Act, provided that, at the
18time of disclosing the personal data, the disclosing controller
19or processor did not have actual knowledge that the recipient
20intended to commit a violation. A third-party controller or
21processor receiving personal data from a controller or
22processor is likewise not liable under this Act, including
23under Section 45, for the obligations of a controller or
24processor to which it provides services.
25    (4) This Act does not require a controller or processor to
26do the following:



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1        (a) Reidentify deidentified data.
2        (b) Retain, link, or combine personal data concerning a
3    consumer that it would not otherwise retain, link, or
4    combine in the ordinary course of business.
5        (c) Comply with a request to exercise any of the rights
6    under subsections (1) through (6) of Section 20 if the
7    controller is unable to verify, using commercially
8    reasonable efforts, the identity of the consumer making the
9    request.
10    (5) Obligations imposed on controllers and processors
11under this Act do not:
12        (a) adversely affect the rights or freedoms of any
13    persons; or
14        (b) apply to the processing of personal data by a
15    natural person in the course of a purely personal or
16    household activity.
17    Section 45. Liability.
18    (1) This Act does not serve as the basis for a private
19right of action under this Act or any other law.
20    (2) Where more than one controller or processor, or both a
21controller and a processor, involved in the same processing, is
22in violation of this Act, the liability shall be allocated
23among the parties according to principles of comparative fault,
24unless such liability is otherwise allocated by contract among
25the parties.



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1    Section 50. Enforcement.
2    (1) The General Assembly finds that the practices covered
3by this Act are matters vitally affecting the public interest
4for the purpose of applying the Consumer Fraud and Deceptive
5Business Practices Act. A violation of this Act is not
6reasonable in relation to the development and preservation of
7business and is an unfair or deceptive act in trade or commerce
8and an unfair method of competition for the purpose of applying
9the Consumer Fraud and Deceptive Business Practices Act.
10    (2) The Attorney General may bring an action in the name of
11the State, or as parens patriae on behalf of persons residing
12in the State, to enforce this Act.
13    (3) A controller or processor is in violation of this Act
14if it fails to cure any alleged violation of Sections 20
15through 40 within 30 days after receiving notice of alleged
16noncompliance. Any controller or processor that violates this
17Act is subject to an injunction and liable for a civil penalty
18of not more than $2,500 for each violation or $7,500 for each
19intentional violation.
20    (4) The Consumer Privacy Fund is created as a special fund
21in the State treasury. All receipts from the imposition of
22civil penalties under this Act must be deposited into the Fund.
23Moneys in the Fund may be spent only after appropriation.
24Expenditures from the Fund may be used only to fund privacy and
25data protection activities performed by the State Chief



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1Information Officer.
2    Section 55. Home rule. The regulation of data use and
3privacy is an exclusive power and function of the State. A unit
4of local government, including home rule unit, may not regulate
5data use and privacy. This Section is a denial and limitation
6of home rule powers and functions under subsection (h) of
7Section 6 of Article VII of the Illinois Constitution.
8    Section 90. The State Finance Act is amended by adding
9Section 5.930 as follows:
10    (30 ILCS 105/5.930 new)
11    Sec. 5.930. The Consumer Privacy Fund.