Illinois General Assembly - Full Text of HB3358
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Full Text of HB3358  101st General Assembly


Rep. Arthur Turner

Filed: 3/26/2019





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2    AMENDMENT NO. ______. Amend House Bill 3358 by replacing
3everything after the enacting clause with the following:
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.



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1    "Private entity" means any individual, partnership,
2corporation, limited liability company, association, or other
3group, however organized. "Private entity" does not include any
4governmental agency.
5    "User" means a person who purchases or leases a device.
6    Section 10. Collection, use, storage, and disclosure of
7geolocation information from location-based applications.
8    (a) A private entity that owns, operates, or controls a
9location-based application on a user's device may not collect,
10use, store, or disclose geolocation information from a
11location-based application unless the private entity first
12receives the user's affirmative express consent after
13providing clear and accurate notice that:
14        (1) informs the person that his or her geolocation
15    information will be collected, used, or disclosed;
16        (2) informs the person of the purpose or purposes for
17    which his or her geolocation information will be collected
18    or used; and
19        (3) informs the person if his or her geolocation
20    information will be disclosed and identifies the names or
21    categories of private entities to which geolocation
22    information may be disclosed.
23    (b) A private entity may collect, use, store, or disclose
24geolocation information from a location-based application on a
25user's device without receiving affirmative express consent if



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1the collection, storage, or disclosure is:
2        (1) to allow a parent or legal guardian to locate an
3    unemancipated minor child;
4        (2) to allow a court-appointed guardian to locate a
5    legally incapacitated person; or
6        (3) for the provision of fire, medical, public safety,
7    or other emergency services.
8    (c) This Section shall not apply to geolocation information
9that is stored locally and is not removed from a user's device.
10    (d) A private entity need not obtain a person's affirmative
11express consent after the person's initial consent as described
12in subsection (a) has been obtained unless the terms previously
13agreed to under items (1), (2), and (3) of subsection (a) are
14materially changed.
15    (e) This Section applies to location-based applications
16created or modified after the effective date of this Act.
17    Section 15. Violation. A violation of this Act constitutes
18a violation of the Consumer Fraud and Deceptive Business
19Practices Act.
20    Section 20. Waivers; contracts.
21    (a) Any waiver of the provisions of this Act is void and
23    (b) Any agreement created or modified after the effective
24date of this Act that does not comply with this Act is void and



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2    Section 25. Applicability. This Act does not apply to:
3        (1) a health care provider or other covered entity
4    subject to the Federal Health Insurance Portability and
5    Accountability Act of 1996 and the rules promulgated
6    thereunder;
7        (2) a financial institution or an affiliate of a
8    financial institution that is subject to Title V of the
9    federal Gramm-Leach-Bliley Act and the rules promulgated
10    thereunder;
11        (3) entities regulated under the Transportation
12    Network Providers Act or any of their subsidiaries that
13    own, operate, or control a location-based application, the
14    sole function of which is to provide transportation
15    services based on geolocation information, to the extent
16    that these entities or their subsidiaries use the
17    geolocation information for the sole purpose of providing a
18    service requested by the individual or the use is otherwise
19    consistent with that individual's reasonable expectations
20    considering the context in which the individual provided
21    the geolocation information to the private entity; or
22        (4) the following entities and affiliates, as defined
23    in 17 CFR 230.405, of any such entities: telecommunications
24    carriers as defined in 13-202 of the Public Utilities Act
25    and wireless carriers as defined in Section 2 of the



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1    Emergency Telephone System Act.
2    Section 90. The Consumer Fraud and Deceptive Business
3Practices Act is amended by changing Section 2Z as follows:
4    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
5    Sec. 2Z. Violations of other Acts. Any person who knowingly
6violates the Automotive Repair Act, the Automotive Collision
7Repair Act, the Home Repair and Remodeling Act, the Dance
8Studio Act, the Geolocation Privacy Protection Act, the
9Physical Fitness Services Act, the Hearing Instrument Consumer
10Protection Act, the Illinois Union Label Act, the Installment
11Sales Contract Act, the Job Referral and Job Listing Services
12Consumer Protection Act, the Travel Promotion Consumer
13Protection Act, the Credit Services Organizations Act, the
14Automatic Telephone Dialers Act, the Pay-Per-Call Services
15Consumer Protection Act, the Telephone Solicitations Act, the
16Illinois Funeral or Burial Funds Act, the Cemetery Oversight
17Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the
18Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan
19Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act,
20subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act,
21subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax
22Act, the Electronic Mail Act, the Internet Caller
23Identification Act, paragraph (6) of subsection (k) of Section
246-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115,



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118d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois
2Vehicle Code, Article 3 of the Residential Real Property
3Disclosure Act, the Automatic Contract Renewal Act, the Reverse
4Mortgage Act, Section 25 of the Youth Mental Health Protection
5Act, the Personal Information Protection Act, or the Student
6Online Personal Protection Act commits an unlawful practice
7within the meaning of this Act.
8(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
9eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
10100-863, eff. 8-14-18.)".