Full Text of HB3051 101st General Assembly
HB3051 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3051 Introduced , by Rep. Carol Ammons SYNOPSIS AS INTRODUCED: |
| New Act | | 815 ILCS 505/2Z | from Ch. 121 1/2, par. 262Z |
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Creates the App Privacy Protection Act. Requires an entity that owns, controls, or operates a web site, online service, or software application to identify in its customer agreements or applicable terms whether third parties collect electronic information directly from the digital devices of individuals in Illinois who use or visit its web site, online service, or software application. Requires the disclosure of the names of those third parties and the categories of information collected. Amends the Consumer Fraud and Deceptive Business Practices Act to provide that a violation of the App Privacy Protection Act constitutes a violation of that Act.
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| | A BILL FOR |
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| | | HB3051 | | LRB101 10656 JLS 55763 b |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the App | 5 | | Privacy Protection Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Electronic information" means information derived by or | 8 | | generated from a web site, online service, or software | 9 | | application that is downloaded, installed, or otherwise used on | 10 | | a digital device. | 11 | | "Private entity" means an individual, partnership, | 12 | | corporation, limited liability company, association, or other | 13 | | group, however organized. | 14 | | Section 10. Disclosure. A private entity that owns, | 15 | | controls, or operates a web site, online service, or software | 16 | | application must identify in its customer agreements or | 17 | | applicable terms whether third parties collect electronic | 18 | | information directly from the digital devices of individuals in | 19 | | Illinois who use or visit its web site, online service, or | 20 | | software application, and disclose: | 21 | | (1) the names of the third parties; and | 22 | | (2) the types or categories of electronic information |
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| 1 | | the third party collects. | 2 | | Section 15. Violation. A violation of this Act constitutes | 3 | | a violation of the Consumer Fraud and Deceptive Business | 4 | | Practices Act. | 5 | | Section 20. Waiver; contracts. | 6 | | (a) Any waiver of the provisions of this Act is void and | 7 | | unenforceable. | 8 | | (b) Any agreement created or modified after the effective | 9 | | date of this Act that does not comply with this Act is void and | 10 | | unenforceable. | 11 | | Section 25. The Consumer Fraud and Deceptive Business | 12 | | Practices Act is amended by changing Section 2Z as follows:
| 13 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| 14 | | Sec. 2Z. Violations of other Acts. Any person who knowingly | 15 | | violates
the App Privacy Protection Act, Automotive Repair Act, | 16 | | the Automotive Collision Repair Act,
the Home Repair and | 17 | | Remodeling Act,
the Dance Studio Act,
the Physical Fitness | 18 | | Services Act,
the Hearing Instrument Consumer Protection Act,
| 19 | | the Illinois Union Label Act, the Installment Sales Contract | 20 | | Act,
the Job Referral and Job Listing Services Consumer | 21 | | Protection Act,
the Travel Promotion Consumer Protection Act,
| 22 | | the Credit Services Organizations Act,
the Automatic Telephone |
| | | HB3051 | - 3 - | LRB101 10656 JLS 55763 b |
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| 1 | | Dialers Act,
the Pay-Per-Call Services Consumer Protection | 2 | | Act,
the Telephone Solicitations Act,
the Illinois Funeral or | 3 | | Burial Funds Act,
the Cemetery Oversight Act, the Cemetery Care | 4 | | Act,
the Safe and Hygienic Bed Act,
the Illinois Pre-Need | 5 | | Cemetery Sales Act,
the High Risk Home Loan Act, the Payday | 6 | | Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) | 7 | | or (b) of Section 3-10 of the
Cigarette Tax Act, subsection
(a) | 8 | | or (b) of Section 3-10 of the Cigarette Use Tax Act, the | 9 | | Electronic
Mail Act, the Internet Caller Identification Act, | 10 | | paragraph (6)
of
subsection (k) of Section 6-305 of the | 11 | | Illinois Vehicle Code, Section 11-1431, 18d-115, 18d-120, | 12 | | 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle | 13 | | Code, Article 3 of the Residential Real Property Disclosure | 14 | | Act, the Automatic Contract Renewal Act, the Reverse Mortgage | 15 | | Act, Section 25 of the Youth Mental Health Protection Act, the | 16 | | Personal Information Protection Act, or the Student Online | 17 | | Personal Protection Act commits an unlawful practice within the | 18 | | meaning of this Act.
| 19 | | (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, | 20 | | eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | 21 | | 100-863, eff. 8-14-18.)
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