State of Illinois
2019 and 2020


Introduced , by Rep. Ann M. Williams


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

    Creates the Geolocation Privacy Protection Act. Defines "geolocation information", "location-based application", "private entity", and "user". Provides that a private entity may not collect, use, store, or disclose geolocation information from a location-based application on a user's device unless the private entity first receives the person's affirmative express consent after complying with specified notice requirements. Provides exceptions. Provides that a violation of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that the provisions of the Act may not be waived. Contains applicability language. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act.

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HB2785LRB101 09404 JLS 54502 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
5Geolocation Privacy Protection Act.
6    Section 5. Definitions. As used in this Act:
7    "Geolocation information" means information that: (i) is
8not the contents of a communication; (ii) is generated by or
9derived from, in whole or in part, the operation of a mobile
10device, including, but not limited to, a smart phone, tablet,
11or laptop computer; and (iii) is sufficient to determine or
12infer the precise location of that device. "Geolocation
13information" does not include Internet protocol addresses.
14    "Location-based application" means a software application
15that is downloaded or installed onto a device and collects,
16uses, or stores geolocation information.
17    "Private entity" means any individual, partnership,
18corporation, limited liability company, association, or other
19group, however organized. "Private entity" does not include any
20governmental agency.
21    "User" means a person who purchases or leases a device.
22    Section 10. Collection, use, storage, and disclosure of



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1geolocation information from location-based applications.
2    (a) A private entity that owns, operates, or controls a
3location-based application on a user's device may not collect,
4use, store, or disclose geolocation information from a
5location-based application unless the private entity first
6receives the user's affirmative express consent after
7providing clear and accurate notice that:
8        (1) informs the person that his or her geolocation
9    information will be collected, used, or disclosed;
10        (2) informs the person of the purpose or purposes for
11    which his or her geolocation information will be collected
12    or used; and
13        (3) informs the person if his or her geolocation
14    information will be disclosed and identifies the names or
15    categories of private entities to which geolocation
16    information may be disclosed.
17    (b) A private entity may collect, use, store, or disclose
18geolocation information from a location-based application on a
19user's device without receiving affirmative express consent if
20the collection, storage, or disclosure is:
21        (1) to allow a parent or legal guardian to locate an
22    unemancipated minor child;
23        (2) to allow a court-appointed guardian to locate a
24    legally incapacitated person; or
25        (3) for the provision of fire, medical, public safety,
26    or other emergency services.



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1    (c) This Section shall not apply to geolocation information
2that is stored locally and is not removed from a user's device.
3    (d) A private entity need not obtain a person's affirmative
4express consent after the person's initial consent as described
5in subsection (a) has been obtained unless the terms previously
6agreed to under items (1), (2), and (3) of subsection (a) are
7materially changed.
8    (e) This Section applies to location-based applications
9created or modified after the effective date of this Act.
10    Section 15. Violation. A violation of this Act constitutes
11a violation of the Consumer Fraud and Deceptive Business
12Practices Act.
13    Section 20. Waivers; contracts.
14    (a) Any waiver of the provisions of this Act is void and
16    (b) Any agreement created or modified after the effective
17date of this Act that does not comply with this Act is void and
19    Section 25. Applicability. This Act does not apply to(1) a
20health care provider or other covered entity subject to the
21Federal Health Insurance Portability and Accountability Act of
221996 and the rules promulgated thereunder or (2) a financial
23institution or an affiliate of a financial institution that is



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1subject to Title V of the federal Gramm-Leach-Bliley Act of
21999 and the rules promulgated thereunder.
3    Section 90. The Consumer Fraud and Deceptive Business
4Practices Act is amended by changing Section 2Z as follows:
5    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
6    Sec. 2Z. Violations of other Acts. Any person who knowingly
7violates the Automotive Repair Act, the Automotive Collision
8Repair Act, the Home Repair and Remodeling Act, the Dance
9Studio Act, the Geolocation Privacy Protection Act, the
10Physical Fitness Services Act, the Hearing Instrument Consumer
11Protection Act, the Illinois Union Label Act, the Installment
12Sales Contract Act, the Job Referral and Job Listing Services
13Consumer Protection Act, the Travel Promotion Consumer
14Protection Act, the Credit Services Organizations Act, the
15Automatic Telephone Dialers Act, the Pay-Per-Call Services
16Consumer Protection Act, the Telephone Solicitations Act, the
17Illinois Funeral or Burial Funds Act, the Cemetery Oversight
18Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the
19Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan
20Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act,
21subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act,
22subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax
23Act, the Electronic Mail Act, the Internet Caller
24Identification Act, paragraph (6) of subsection (k) of Section



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16-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115,
218d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois
3Vehicle Code, Article 3 of the Residential Real Property
4Disclosure Act, the Automatic Contract Renewal Act, the Reverse
5Mortgage Act, Section 25 of the Youth Mental Health Protection
6Act, the Personal Information Protection Act, or the Student
7Online Personal Protection Act commits an unlawful practice
8within the meaning of this Act.
9(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
10eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
11100-863, eff. 8-14-18.)