Illinois General Assembly - Full Text of SB1594
Illinois General Assembly

Previous General Assemblies

Full Text of SB1594  102nd General Assembly

SB1594 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1594

 

Introduced 2/26/2021, by Sen. Cristina Castro

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Protecting Household Privacy Act. Provides that a law enforcement agency shall not obtain household electronic data or direct the acquisition of household electronic data from a private party or other third party. Provides exceptions. Provides that if a law enforcement agency obtains household electronic data under the Act, the agency within 30 days shall destroy all information obtained, except that a supervisor at that agency may retain particular information if: (1) there is reasonable suspicion that the information contains evidence of criminal activity; or (2) the owner of the household electronic device consents to voluntarily provide the desired household electronic data. Provides that if the court finds by a preponderance of the evidence that a law enforcement agency obtained household electronic data pertaining to a person or his or her effects in violation of the Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. Provides that any person or entity that provides household electronic data in response to a request from any law enforcement agency under the Act shall take reasonable measures to ensure the confidentiality, integrity, and security of any household electronic data provided to any law enforcement agency, and to limit any production of household electronic data to information relevant to the law enforcement agency request. Provides that if a manufacturer of a household electronic device discloses household electronic data to any third party, the manufacturer shall make the following information available on a clear and conspicuous notice on the manufacturer's Internet website: (1) all categories of household electronic data disclosed to third parties; and (2) the names of all third parties that receive household electronic data.


LRB102 11694 KMF 17028 b

 

 

A BILL FOR

 

SB1594LRB102 11694 KMF 17028 b

1    AN ACT concerning household electronic data.
 
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
5Protecting Household Privacy Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Electronic communication" means any origination,
8transmission, emission, transfer, or reception of signs,
9signals, data, writings, images, video, audio, or intelligence
10of any nature by telephone, including cellular telephones or a
11wire, Internet, wireless, radio, electromagnetic,
12photo-electronic or photo-optical system, cable television,
13fiber optic, satellite, microwave, Internet-based or wireless
14distribution network, system, facility or related technology.
15    "Household" means any single or multiple family dwelling,
16including but not limited to a single family home, house,
17apartment, mobile home, trailer, building, condominium,
18duplex, townhouse, or other living quarters, used or intended
19to be used as a dwelling place and immediately surrounding
20area.
21    "Household electronic device" means any device intended
22for use within a household that is capable of facilitating any
23electronic communication.

 

 

SB1594- 2 -LRB102 11694 KMF 17028 b

1    "Household electronic data" means any information or input
2provided by a person to a household electronic device.
3    "Law enforcement agency" means any agency of this State or
4a unit of local government which is vested by law or ordinance
5with the duty to maintain public order and to enforce criminal
6laws or ordinances.
7    "Third party" means (i) a private entity that is a
8separate legal entity from the manufacturer of the household
9electronic device; (ii) a private entity that does not share
10common ownership or common corporate control with the
11manufacturer of the household electronic device; or (iii) a
12private entity that does not share a brand name or common
13branding with the manufacturer of the household electronic
14device such that the affiliate relationship is clear to the
15customer.
 
16    Section 10. Prohibited use of household electronic data.
17Except as provided in Section 15, a law enforcement agency
18shall not obtain household electronic data or direct the
19acquisition of household electronic data from a private party
20or other third party.
 
21    Section 15. Exceptions. This Act does not prohibit a law
22enforcement agency from obtaining household electronic data
23if:
24        (1) the law enforcement agency first obtains a court

 

 

SB1594- 3 -LRB102 11694 KMF 17028 b

1    order under Section 108-4 of the Code of Criminal
2    Procedure of 1963 based on probable cause to believe that
3    the person whose household electronic data is sought has
4    committed, is committing, or is about to commit a crime or
5    the effect is evidence of a crime, or if the household
6    electronic data is authorized under an arrest warrant
7    issued under Section 107-9 of the Code of Criminal
8    Procedure of 1963 to aid in the apprehension or the arrest
9    of the person named in the arrest warrant. An order issued
10    under a finding of probable cause under this Section must
11    be limited to a period of 60 days, renewable by the judge
12    upon a showing of good cause for subsequent periods of 60
13    days. A court may grant a law enforcement entity's request
14    to obtain household electronic data under this Section
15    through testimony made by electronic means using a
16    simultaneous video and audio transmission between the
17    requester and a judge, based on sworn testimony
18    communicated in the transmission. The entity making the
19    request, and the court authorizing the request shall
20    follow the procedure under subsection (c) of Section 108-4
21    of the Code of Criminal Procedure of 1963 which authorizes
22    the electronic issuance of search warrants; or
23        (2) the owner of the household electronic device
24    consents to voluntarily provide the desired household
25    electronic data.
 

 

 

SB1594- 4 -LRB102 11694 KMF 17028 b

1    Section 20. Information retention. If a law enforcement
2agency obtains household electronic data under Section 15,
3the agency within 30 days shall destroy all information
4obtained, except that a supervisor at that agency may retain
5particular information if:
6        (1) there is reasonable suspicion that the information
7    contains evidence of criminal activity; or
8        (2) the information is relevant to an ongoing
9    investigation or pending criminal trial.
 
10    Section 25. Information disclosure by law enforcement
11agencies. If a law enforcement agency obtains household
12electronic data under Section 15, the agency shall not
13disclose any information obtained, except that a supervisor of
14that agency may disclose particular information to another
15government agency if:
16    (1) there is reasonable suspicion that the information
17contains evidence of criminal activity; or
18    (2) the information is relevant to an ongoing
19investigation or pending criminal trial.
 
20    Section 30. Information disclosure by manufacturers. If a
21manufacturer of a household electronic device discloses
22household electronic data to any third party, the manufacturer
23shall make the following information available on a clear and
24conspicuous notice on the manufacturer's Internet website:

 

 

SB1594- 5 -LRB102 11694 KMF 17028 b

1        (1) all categories of household electronic data
2    disclosed to third parties; and
3        (2) the names of all third parties that receive
4    household electronic data.
 
5    Section 35. Admissibility. If the court finds by a
6preponderance of the evidence that a law enforcement agency
7obtained household electronic data pertaining to a person or
8his or her effects in violation, then the information shall be
9presumed to be inadmissible in any judicial or administrative
10proceeding. The State may overcome this presumption by proving
11the applicability of a judicially recognized exception to the
12exclusionary rule of the Fourth Amendment to the United States
13Constitution or Article I, Section 6 of the Illinois
14Constitution, or by a preponderance of the evidence that the
15law enforcement officer was acting in good faith and
16reasonably believed that one or more of the exceptions
17identified in Section 15 existed at the time the household
18electronic data was obtained.
 
19    Section 40. Providing household electronic data to a law
20enforcement agency not required. Except as provided in Section
2115, nothing in this Act shall be construed to require a person
22or entity to provide household electronic data to a law
23enforcement agency under this Act. If law enforcement acquires
24information from a household electronic device under Section

 

 

SB1594- 6 -LRB102 11694 KMF 17028 b

115, any information so acquired is subject to Sections 20 and
225.
 
3    Section 45. Security of production. Any person or entity
4that provides household electronic data in response to a
5request from any law enforcement agency under this Act shall
6take reasonable measures to ensure the confidentiality,
7integrity, and security of any household electronic data
8provided to any law enforcement agency, and to limit any
9production of household electronic data to information
10relevant to the law enforcement agency request.