Full Text of HB3819 100th General Assembly
HB3819 100TH GENERAL ASSEMBLY
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
Introduced , by Rep. Jaime M. Andrade, Jr.
SYNOPSIS AS INTRODUCED:
Creates the Microphone-Enabled Devices Act. Contains legislative
findings and defines terms. Requires that a private entity give written
notice to and obtain the informed consent of a user before enabling the
microphone in the user's device. Provides for a private right of action for
damages, attorney's fees, and injunctive relief. Excludes State agencies
and units of local government. Effective immediately.
A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Microphone-Enabled Devices Act.
The General Assembly
finds all the following:
(1) An increasing number of everyday household
devices, such as smartphones, televisions, cars, toys, and
home appliances, are being enhanced by speech recognition
and other technologies that use microphones to listen for
environmental triggers. As a result, private companies are
gaining unprecedented and near constant access to
consumers' private lives, including what they do in their
homes and their daily habits.
(2) While there are tremendous benefits from these
technologies, many pose serious privacy risks to Illinois
citizens. The increasing prevalence of these technologies
in everyday devices enables companies to collect, store,
analyze, and share increasing amounts of personal data,
often without consumers ever knowing.
(3) The public welfare, security, and safety will be
served by regulating the use, collection, and sharing of
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information derived from this technology.
In this Act:
"Digital device" means a smartphone, tablet, television,
computer, car, toy, home appliance, or any other device that
contains a microphone.
"Private entity" means any individual, partnership,
corporation, limited liability company, association, or other
group, however organized. "Private entity" does not include a
State or local government agency.
"User" means a person who purchases, leases, or otherwise
regularly uses a digital device.
Collection, use, storage, or disclosure of
information from a digital device's microphone.
entity may turn on or enable, cause to be turned on or enabled,
or otherwise use a digital device's microphone to listen or
collect information unless it first:
(1) informs the user in writing that the microphone in
the user's digital device will be turned on, enabled, or
(2) informs the user in writing of the frequency and
length of time the microphone will be turned on, enabled,
(3) informs the user in writing of the specific
categories of information the microphone will be listening
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for, collecting, and storing;
(4) informs the user in writing of the specific purpose
for which the information will be collected, used, stored,
and disclosed; and
(5) receives the informed, written consent (including
through an electronic means using the Internet) of the
user, or the user's authorized agent, representative, or
(A) is in a form distinct and separate from any
form setting forth other legal or financial
obligations of the user; and
(B) is given at the time the microphone will be
turned on, enabled or used, or in advance for a set
period of time or until consent is withdrawn by the
user, whichever is sooner.
Right of action.
Any user whose rights under
this Act are violated shall have a right of action against an
offending party and may recover:
(1) liquidated damages of $5,000 or actual damages,
whichever are greater;
(2) reasonable attorney's fees and costs; and
(3) other relief, including an injunction, as the court
may deem appropriate.
Applicability of Act; waiver.
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(a) Any waiver of the provisions of this Act shall be void
(b) Any agreement that does not comply with the applicable
provisions of this Act is void and unenforceable.
(c) Nothing in this Act shall be construed to apply to a
contractor, subcontractor, or agent of a State agency or unit
of local government when working for that State agency or unit
of local government.
This Act takes effect upon