Illinois General Assembly - Full Text of HB1633
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Full Text of HB1633  94th General Assembly


Rep. John A. Fritchey

Filed: 4/12/2005





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2     AMENDMENT NO. ______. Amend House Bill 1633, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5     "Section 1. Short title. This Act may be cited as the
6 Personal Information Protection Act.
7     Section 5. Definitions. In this Act:
8     "Data Collector" may include, but is not limited to,
9 government agencies, public and private universities,
10 privately and publicly held corporations, financial
11 institutions, retail operators, and any other entity that, for
12 any purpose, handles, collects, disseminates, or otherwise
13 deals with nonpublic personal information.
14     "Breach of the security of the system data" means
15 unauthorized acquisition of computerized data that compromises
16 the security, confidentiality, or integrity of personal
17 information maintained by the data collector. "Breach of the
18 security of the system data" does not include good faith
19 acquisition of personal information by an employee or agent of
20 the data collector for a legitimate purpose of the data
21 collector, provided that the personal information is not used
22 for a purpose unrelated to the data collector's business or
23 subject to further unauthorized disclosure.
24     "Personal information" means an individual's first name or



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1 first initial and last name in combination with any one or more
2 of the following data elements, when either the name or the
3 data elements are not encrypted or redacted:
4         (1) Social Security number.
5         (2) Driver's license number or State identification
6     card number.
7         (3) Account number or credit or debit card number, or
8     an account number or credit card number in combination with
9     any required security code, access code, or password that
10     would permit access to an individual's financial account.
11 "Personal information" does not include publicly available
12 information that is lawfully made available to the general
13 public from federal, State, or local government records.
14     Section 10. Notice of Breach.
15     (a) Any data collector that owns or licenses personal
16 information concerning an Illinois resident shall notify the
17 resident that there has been a breach of the security of the
18 system data following discovery or notification of the breach.
19 The disclosure notification shall be made in the most expedient
20 time possible and without unreasonable delay, consistent with
21 any measures necessary to determine the scope of the breach and
22 restore the reasonable integrity, security, and
23 confidentiality of the data system.
24     (b) Any data collector that maintains computerized data
25 that includes personal information that the data collector does
26 not own or license shall notify the owner or licensee of the
27 information of any breach of the security of the data
28 immediately following discovery, if the personal information
29 was, or is reasonably believed to have been, acquired by an
30 unauthorized person.
31     (c) For purposes of this Section, notice to consumers may
32 be provided by one of the following methods:
33         (1) written notice;



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1         (2) electronic notice, if the notice provided is
2     consistent with the provisions regarding electronic
3     records and signatures for notices legally required to be
4     in writing as set forth in Section 7001 of Title 15 of the
5     United States Code; or
6         (3) substitute notice, if the data collector
7     demonstrates that the cost of providing notice would exceed
8     $250,000 or that the affected class of subject persons to
9     be notified exceeds 500,000, or the data collector does not
10     have sufficient contact information. Substitute notice
11     shall consist of all of the following: (i) e mail notice if
12     the data collector has an email address for the subject
13     persons; (ii) conspicuous posting of the notice on the data
14     collector's web site page if the data collector maintains
15     one; and (iii) notification to major statewide media.
16     (d) Notwithstanding subsection (c), a data collector that
17 maintains its own notification procedures as part of an
18 information security policy for the treatment of personal
19 information and is otherwise consistent with the timing
20 requirements of this Act, shall be deemed in compliance with
21 the notification requirements of this Section if the data
22 collector notifies subject persons in accordance with its
23 policies in the event of a breach of the security of the system
24 data.
25     Section 15. Waiver. Any waiver of the provisions of this
26 Act is contrary to public policy and is void and unenforceable.
27     Section 20. Violation. A violation of this Act constitutes
28 an unlawful practice under the Consumer Fraud and Deceptive
29 Business Practices Act.
30     Section 900. The Consumer Fraud and Deceptive Business
31 Practices Act is amended by changing Section 2Z as follows:



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1     (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
2     Sec. 2Z. Violations of other Acts. Any person who knowingly
3 violates the Automotive Repair Act, the Home Repair and
4 Remodeling Act, the Dance Studio Act, the Physical Fitness
5 Services Act, the Hearing Instrument Consumer Protection Act,
6 the Illinois Union Label Act, the Job Referral and Job Listing
7 Services Consumer Protection Act, the Travel Promotion
8 Consumer Protection Act, the Credit Services Organizations
9 Act, the Automatic Telephone Dialers Act, the Pay-Per-Call
10 Services Consumer Protection Act, the Telephone Solicitations
11 Act, the Illinois Funeral or Burial Funds Act, the Cemetery
12 Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery
13 Sales Act, the High Risk Home Loan Act, subsection (a) or (b)
14 of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b)
15 of Section 3-10 of the Cigarette Use Tax Act, the Electronic
16 Mail Act, paragraph (6) of subsection (k) of Section 6-305 of
17 the Illinois Vehicle Code, or the Automatic Contract Renewal
18 Act, or the Personal Information Protection Act commits an
19 unlawful practice within the meaning of this Act.
20 (Source: P.A. 92-426, eff. 1-1-02; 93-561, eff. 1-1-04; 93-950,
21 eff. 1-1-05.)".