SB 340

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Full Text of SB0340
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	SB0340 - 104th General Assembly
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		SB0340 Engrossed		LRB104 06459 JRC 16495 b
1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 10. Short title. This Act may be cited as the
5Illinois Consumer Data Privacy Act.
6    Section 11. Definitions. As used in this Act:
7    "Affiliate" means a legal entity that controls, is
8controlled by, or is under common control with another legal
9entity. As used in this definition, "control" or "controlled"
10means: ownership of or the power to vote more than 50% of the
11outstanding shares of any class of voting security of a
12company; control in any manner over the election of a majority
13of the directors or of individuals exercising similar
14functions; or the power to exercise a controlling influence
15over the management of a company.
16    "Authenticate" means to use reasonable means to determine
17that a request to exercise any of the rights under subsection
18(b) of Section 14 is being made by or rightfully on behalf of
19the consumer who is entitled to exercise the rights with
20respect to the personal data at issue.
21    "Biometric identifier" has the same meaning given to that
22term in the Biometric Information Privacy Act.
23    "Biometric information" has the same meaning given to that
		SB0340 Engrossed	- 2 -	LRB104 06459 JRC 16495 b
1term in the Biometric Information Privacy Act.
2    "Child" has the meaning given in United States Code, Title
315, Section 6501.
4    "Collect" means to buy, rent, obtain, lease, access,
5receive, or otherwise acquire personal data in any manner.
6    "Consent" means any freely given, specific, informed, and
7unambiguous indication of the consumer's wishes by which the
8consumer signifies agreement to the processing of personal
9data relating to the consumer. Acceptance of general or broad
10terms of use or similar document that contains descriptions of
11personal data processing along with other, unrelated
12information does not constitute consent. Hovering over,
13muting, pausing, or closing a given piece of content does not
14constitute consent. A consent is not valid when the consumer's
15indication has been obtained by a dark pattern. A consumer may
16revoke consent previously given consistent with this Act.
17    "Consumer" means a natural person who is an Illinois
18resident acting only in an individual or household context.
19Consumer does not include a natural person acting in a
20commercial or employment context.
21    "Controller" means the natural or legal person who, alone
22or jointly with others, determines the purposes and means of
23the processing of personal data.
24    "Decisions that produce legal or similarly significant
25effects concerning the consumer" means decisions made by the
26controller that result in the provision or denial by the
		SB0340 Engrossed	- 3 -	LRB104 06459 JRC 16495 b
1controller of financial or lending services, housing,
2insurance, education enrollment or opportunity, criminal
3justice, employment opportunities, health care services, or
4access to essential goods or services.
5    "Dark pattern" means a user interface designed or
6manipulated with the substantial effect of subverting or
7impairing user autonomy, decision-making, or choice.
8    "Deidentified data" means data that cannot reasonably be
9used to infer information about or otherwise be linked to an
10identified or identifiable natural person or a device linked
11to an identified or identifiable natural person, provided that
12the controller that possesses the data:
13        (1) takes reasonable measures to ensure that the data
14    cannot be associated with a natural person;
15        (2) publicly commits to process the data only in a
16    deidentified fashion and not attempt to reidentify the
17    data; and
18        (3) contractually obligates any recipients of the
19    information to comply with all provisions of this
20    definition.
21    "Delete" means to remove or destroy information so that it
22is not maintained in human- or machine-readable form and
23cannot be retrieved or used in the ordinary course of
24business.
25    "Genetic information" has the meaning ascribed to the term
26under the Health Insurance Portability and Accountability Act
		SB0340 Engrossed	- 4 -	LRB104 06459 JRC 16495 b
1of 1996 as specified in 45 CFR 160.103.
2    "Identified or identifiable natural person" means a person
3who can be readily identified, directly or indirectly.
4    "Known child" means a person under circumstances in which
5a controller has actual knowledge of, or willfully disregards,
6that the person is under 13 years of age.
7    "Personal data" means any information that is linked or
8reasonably linkable to an identified or identifiable natural
9person. "Personal data" does not include deidentified data,
10pseudonymous data, or publicly available information. As used
11in this definition, "publicly available information" means
12information that (1) is lawfully made available from federal,
13state, or local government records or (2) a controller has a
14reasonable basis to believe has lawfully been made available
15to the general public.
16    "Process" or "processing" means any operation or set of
17operations that are performed on personal data or on sets of
18personal data, whether or not by automated means, including,
19but not limited to, the collection, use, storage, disclosure,
20analysis, deletion, sharing, retention, organizing,
21structuring, or modification of personal data.
22    "Processor" means a natural or legal person who processes
23personal data on behalf of a controller.
24    "Profiling" means any form of automated processing of
25personal data to evaluate, analyze, or predict personal
26aspects related to an identified or identifiable natural
		SB0340 Engrossed	- 5 -	LRB104 06459 JRC 16495 b
1person's economic situation, health, personal preferences,
2interests, reliability, behavior, location, or movements.
3Profiling does not include automated processing used solely
4for independent measurement.
5    "Pseudonymous data" means personal data that cannot be
6attributed to a specific natural person without the use of
7additional information, provided that the additional
8information is kept separately and is subject to appropriate
9technical and organizational measures to ensure that the
10personal data are not attributed to an identified or
11identifiable natural person.
12    "Sale", "sell", or "sold" means the exchange of personal
13data for monetary or other valuable consideration by the
14controller, processor, or an affiliate of the controller or
15processor to a third party. "Sale" does not include the
16following:
17        (1) the disclosure of personal data to a processor who
18    processes the personal data on behalf of the controller if
19    limited to the purposes of processing;
20        (2) the disclosure of personal data to a third party
21    for purposes of providing a product or service requested
22    by the consumer;
23        (3) the disclosure or transfer of personal data to an
24    affiliate of the controller;
25        (4) the disclosure of information that the consumer
26    intentionally made available to the general public via a
		SB0340 Engrossed	- 6 -	LRB104 06459 JRC 16495 b
1    channel of mass media and did not restrict to a specific
2    audience; or
3        (5) the disclosure or transfer of personal data to a
4    third party as an asset that is part of a completed or
5    proposed merger, acquisition, bankruptcy, or other
6    transaction in which the third party assumes control of
7    all or part of the controller's assets.
8    "Sensitive data" is a form of personal data. "Sensitive
9data" means:
10        (1) personal data revealing racial or ethnic origin,
11    religious beliefs, mental or physical health condition or
12    diagnosis, sexual orientation, or citizenship or
13    immigration status;
14        (2) the processing of biometric identifiers or
15    information or genetic information for the purpose of
16    uniquely identifying an individual;
17        (3) the personal data of a known child;
18        (4) specific geolocation data;
19        (5) information that reveals the status of
20    identifiable natural person as a victim of a crime; or
21        (6) a government-issued identifier, including a social
22    security number, passport number, or a driver's license
23    number, that is not required by law to be displayed in
24    public.
25    "Specific geolocation data" means information derived from
26technology, including, but not limited to, global positioning
		SB0340 Engrossed	- 7 -	LRB104 06459 JRC 16495 b
1system level latitude and longitude coordinates or other
2mechanisms that can precisely and accurately identify the
3specific location of a consumer or a device linked with a
4consumer within a radius of 1,750 feet. Specific geolocation
5data does not include the content of communications, the
6contents of databases containing street address information
7that are accessible to the public as authorized by law, or any
8data generated by or connected to advanced utility metering
9infrastructure systems or other equipment for use by a public
10utility.
11    "Targeted advertising" means displaying advertisements to
12a consumer or to a device linked to a consumer in which the
13advertisement is selected based on personal data obtained or
14inferred from the consumer's activities over time and across
15nonaffiliated websites or online applications to predict the
16consumer's preferences or interests. Targeted advertising does
17not include:
18        (1) advertising based on activities within a
19    controller's own websites or online applications;
20        (2) advertising based on the context of a consumer's
21    current search query or visit to a website or online
22    application;
23        (3) advertising to a consumer in response to the
24    consumer's request for information or feedback; or
25        (4) processing personal data solely for measuring or
26    reporting content and advertising performance, reach, or
		SB0340 Engrossed	- 8 -	LRB104 06459 JRC 16495 b
1    frequency, including independent measurement.
2    (z) "Third party" means a natural or legal person, public
3authority, agency, or body other than the consumer,
4controller, processor, or an affiliate of the processor or the
5controller.
6    (aa) "Trade secret" has the same meaning given to the term
7in the Illinois Trade Secrets Act.
8    Section 12. Scope; exclusions.
9    (a)(1) Scope. This Act applies to legal entities that
10conduct business in Illinois or produce products or services
11that are targeted to Illinois residents, and that satisfy one
12or more of the following thresholds:
13        (A) during a calendar year, collects or processes
14    personal data of 100,000 consumers or more, excluding
15    personal data controlled or processed solely for the
16    purpose of completing a payment transaction; or
17        (B) derives over 25% of gross revenue from the sale of
18    personal data and processes or collects personal data of
19    25,000 consumers or more.
20    (2) A controller or processor shall comply with the
21Student Online Personal Protection Act, except that if the
22provisions of that Act conflict with this Act, the Student
23Online Personal Protection Act prevails.
24    (3) All legal entities shall comply with the Biometric
25Information Privacy Act and the Genetic Information Privacy
		SB0340 Engrossed	- 9 -	LRB104 06459 JRC 16495 b
1Act.
2    (b) Exclusions. The provisions of this Act do not apply to
3the following entities, activities, or types of information:
4        (1) the State, a political subdivision of the State,
5    units of local government, and school districts;
6        (2) a federally recognized Indian tribe;
7        (3) information that meets the definition of:
8            (A) protected health information, as defined by
9        and for purposes of the Health Insurance Portability
10        and Accountability Act of 1996, Public Law 104-191,
11        and related regulations;
12            (B) health records, that includes, but is not
13        limited to, any information, whether oral or recorded
14        in any form or medium, that relates to the past,
15        present, or future physical or mental health or
16        condition of a patient; the provision of health care
17        to a patient; or the past, present, or future payment
18        for the provision of health care to a patient;
19            (C) patient identifying information for purposes
20        of Code of Federal Regulations, Title 42, Part 2,
21        established pursuant to the United States Code, Title
22        42, Section 290dd-2;
23            (D) identifiable private information for purposes
24        of the federal policy for the protection of human
25        subjects, the Code of Federal Regulations, Title 45,
26        Part 46; identifiable private information that is
		SB0340 Engrossed	- 10 -	LRB104 06459 JRC 16495 b
1        otherwise information collected as part of human
2        subjects research under the good clinical practice
3        guidelines issued by the International Council for
4        Harmonisation; the protection of human subjects under
5        the Code of Federal Regulations, Title 21, Parts 50
6        and 56; or personal data used or shared in research
7        conducted in accordance with one or more of the
8        requirements set forth in this paragraph;
9            (E) information and documents created for purposes
10        of the federal Health Care Quality Improvement Act of
11        1986, Public Law 99-660, and related regulations; or
12            (F) patient safety work product for purposes of
13        Code of Federal Regulations, Title 42, Part 3,
14        established under the United States Code, Title 42,
15        Sections 299b-21 to 299b-26;
16        (4) information that is derived from any of the health
17    care-related information listed in clause (3), but that
18    has been deidentified in accordance with the requirements
19    for deidentification set forth in the Code of Federal
20    Regulations, Title 45, Part 164;
21        (5) information originating from, and intermingled to
22    be indistinguishable with, any of the health care-related
23    information listed in clause (3) that is maintained by:
24            (A) a covered entity or business associate, as
25        defined by the Health Insurance Portability and
26        Accountability Act of 1996, Public Law 104-191, and
		SB0340 Engrossed	- 11 -	LRB104 06459 JRC 16495 b
1        related regulations to the extent the entity is acting
2        as a covered entity or business associate under the
3        Privacy and Security rules issued by the United States
4        Department of Health and Human Services, Parts 160 and
5        164 of Title 45 of the Code of Federal Regulations;
6            (B) a health care provider, to include, but not be
7        limited to, any public or private facility that
8        provides, on an inpatient or outpatient basis,
9        preventive, diagnostic, therapeutic, convalescent,
10        rehabilitation, mental health, or intellectual
11        disability services, including general or special
12        hospitals, skilled nursing homes, extended care
13        facilities, intermediate care facilities and mental
14        health centers; or
15            (C) a program or a qualified service organization,
16        as defined by Code of Federal Regulations, Title 42,
17        Part 2, established pursuant to United States Code,
18        Title 42, Section 290dd-2;
19        (6) information that is:
20            (A) maintained by an entity that meets the
21        definition of health care provider under the Code of
22        Federal Regulations, Title 45, Section 160.103, to the
23        extent that the entity maintains the information in
24        the manner required of covered entities with respect
25        to protected health information for purposes of the
26        Health Insurance Portability and Accountability Act of
		SB0340 Engrossed	- 12 -	LRB104 06459 JRC 16495 b
1        1996, Public Law 104-191, and related regulations;
2            (B) included in a limited data set, as described
3        under the Code of Federal Regulations, Title 45, Part
4        164.514(e), to the extent that the information is
5        used, disclosed, and maintained in the manner
6        specified by that part;
7            (C) maintained by, or maintained to comply with
8        the rules or orders of, a self-regulatory organization
9        as defined by the United States Code, Title 15,
10        Section 78c(a)(26) or of a registered futures
11        association as designated under the United States
12        Code, Title 7, Section 21;
13            (D) originated from, or intermingled with,
14        information described in clause (9) and that a
15        residential mortgage originator or residential
16        mortgage servicer regulated under the Residential
17        Mortgage License Act of 1987 collects, processes,
18        uses, or maintains in the same manner as required
19        under the laws and regulations specified in clause
20        (9); or
21            (E) originated from, or intermingled with,
22        information described in clause (9) and that a nonbank
23        financial institution collects, processes, uses, or
24        maintains in the same manner as required under the
25        laws and regulations specified in clause (9);
26        (7) information used only for public health activities
		SB0340 Engrossed	- 13 -	LRB104 06459 JRC 16495 b
1    and purposes, as described under the Code of Federal
2    Regulations, Title 45, Part 164.512;
3        (8) an activity involving the collection, maintenance,
4    disclosure, sale, communication, or use of any personal
5    data bearing on a consumer's credit worthiness, credit
6    standing, credit capacity, character, general reputation,
7    personal characteristics, or mode of living by a consumer
8    reporting agency, as defined in the United States Code,
9    Title 15, Section 1681a(f), by a furnisher of information,
10    as set forth in the United States Code, Title 15, Section
11    1681s-2, who provides information for use in a consumer
12    report, as defined in the United States Code, Title 15,
13    Section 1681a(d), and by a user of a consumer report, as
14    set forth in the United States Code, Title 15, Section
15    1681b, except that information is only excluded under this
16    paragraph to the extent that the activity involving the
17    collection, maintenance, disclosure, sale, communication,
18    or use of the information by the agency, furnisher, or
19    user is subject to regulation under the federal Fair
20    Credit Reporting Act, United States Code, Title 15,
21    Sections 1681 to 1681x, and the information is not
22    collected, maintained, used, communicated, disclosed, or
23    sold except as authorized by the Fair Credit Reporting
24    Act;
25        (9) financial institutions, their affiliates, and
26    personal data subject to the federal Gramm-Leach-Bliley
		SB0340 Engrossed	- 14 -	LRB104 06459 JRC 16495 b
1    Act, Public Law 106-102, and implementing regulations;
2        (10) personal data collected, processed, sold, or
3    disclosed pursuant to the federal Driver's Privacy
4    Protection Act of 1994, United States Code, Title 18,
5    Sections 2721 to 2725, if the collection, processing,
6    sale, or disclosure is in compliance with that law;
7        (11) personal data regulated by the federal Family
8    Educational Rights and Privacy Act, United States Code,
9    Title 20, Section 1232g, and implementing regulations;
10        (12) personal data collected, processed, sold, or
11    disclosed pursuant to the federal Farm Credit Act of 1971,
12    as amended, United States Code, Title 12, Sections 2001 to
13    2279cc, and implementing regulations, Code of Federal
14    Regulations, Title 12, Part 600, if the collection,
15    processing, sale, or disclosure is in compliance with that
16    law;
17        (13) data collected or maintained:
18            (A) in the course of an individual acting as a job
19        applicant to or an employee, owner, director, officer,
20        medical staff member, or contractor of a business if
21        the data is collected and used solely within the
22        context of the role;
23            (B) as the emergency contact information of an
24        individual under item (A) if used solely for emergency
25        contact purposes; or
26            (C) that is necessary for the business to retain
		SB0340 Engrossed	- 15 -	LRB104 06459 JRC 16495 b
1        to administer benefits for another individual relating
2        to the individual under item (1) if used solely for the
3        purposes of administering those benefits;
4        (14) personal data collected, processed, sold, or
5    disclosed under the Illinois Insurance Code;
6        (15) data collected, processed, sold, or disclosed as
7    part of a payment-only credit, check, or cash transaction
8    where no data about consumers, as defined in Section 11,
9    are retained;
10        (16) a State or federally chartered bank or credit
11    union, or an affiliate or subsidiary that is principally
12    engaged in financial activities, as described in the
13    United States Code, Title 12, Section 1843(k);
14        (17) information that originates from, or is
15    intermingled so as to be indistinguishable from,
16    information described in clause (8) and that a person
17    collects, processes, uses, or maintains in the same manner
18    as is required under the laws and regulations specified in
19    clause (8);
20        (18) an insurance company and an insurance producer
21    that are regulated by the State under the Illinois
22    Insurance Code, a third-party administrator of
23    self-insurance, or an affiliate or subsidiary of any
24    entity identified in this clause that is principally
25    engaged in financial activities, as described in the
26    United States Code, Title 12, Section 1843(k), except that
		SB0340 Engrossed	- 16 -	LRB104 06459 JRC 16495 b
1    this clause does not apply to a person that, alone or in
2    combination with another person, establishes and maintains
3    a self-insurance program that does not otherwise engage in
4    the business of entering into policies of insurance;
5        (19) a small business, as defined by the United States
6    Small Business Administration under the Code of Federal
7    Regulations, Title 13, Part 121, except that a small
8    business identified in this clause is subject to Section
9    17;
10        (20) a nonprofit organization that is established to
11    detect and prevent fraudulent acts in connection with
12    insurance; and
13        (21) an air carrier subject to the federal Airline
14    Deregulation Act, Public Law 95-504, only to the extent
15    that an air carrier collects personal data related to
16    prices, routes, or services and only to the extent that
17    the provisions of the Airline Deregulation Act preempt the
18    requirements of this Act.
19    Controllers that are in compliance with the Children's
20Online Privacy Protection Act, United States Code, Title 15,
21Sections 6501 to 6506, and implementing regulations, are
22deemed compliant with any obligation to obtain parental
23consent under this Act.
24    Section 13. Responsibility according to role.
25    (a) Controllers and processors are responsible for meeting
		SB0340 Engrossed	- 17 -	LRB104 06459 JRC 16495 b
1the respective obligations established under this Act.
2    (b) Processors are responsible under this Act for adhering
3to the instructions of the controller and assisting the
4controller to meet the controller's obligations under this
5Act. Assistance under this subsection shall include the
6following:
7        (1) taking into account the nature of the processing,
8    the processor shall assist the controller by appropriate
9    technical and organizational measures, insofar as this is
10    possible, for the fulfillment of the controller's
11    obligation to respond to consumer requests to exercise
12    their rights under Section 14; and
13        (2) taking into account the nature of processing and
14    the information available to the processor, the processor
15    shall assist the controller in meeting the controller's
16    obligations in relation to the security of processing the
17    personal data and in relation to the notification of a
18    breach of the security of the system under the Illinois
19    Personal Information Protection Act and provide
20    information to the controller necessary to enable the
21    controller to conduct and document any data privacy and
22    protection assessments required by Section 18.
23    (c) A contract between a controller and a processor shall
24govern the processor's data processing procedures with respect
25to processing performed on behalf of the controller. The
26contract shall be binding on both parties and clearly set
		SB0340 Engrossed	- 18 -	LRB104 06459 JRC 16495 b
1forth instructions for processing data, the nature and purpose
2of processing, the type of data subject to processing, the
3duration of processing, and the rights and obligations of both
4parties. The contract shall also require that the processor:
5        (1) ensure that each person processing the personal
6    data is subject to a duty of confidentiality with respect
7    to the data;
8        (2) engage a subcontractor only under a written
9    contract in accordance with this subsection (c) that
10    requires the subcontractor to meet the obligations of the
11    processor with respect to the personal data;
12        (3) at the choice of the controller, delete or return
13    all personal data to the controller as requested at the
14    end of the provision of services, unless retention of the
15    personal data is required by law;
16        (4) upon a reasonable request from the controller,
17    make available to the controller all information necessary
18    to demonstrate compliance with the obligations in this
19    Act; and
20        (5) allow for, and contribute to, reasonable
21    assessments and inspections by the controller or the
22    controller's designated assessor. Alternatively, the
23    processor may arrange for a qualified and independent
24    assessor to conduct, at least annually and at the
25    processor's expense, an assessment of the processor's
26    policies and technical and organizational measures in
		SB0340 Engrossed	- 19 -	LRB104 06459 JRC 16495 b
1    support of the obligations under this Act. The assessor
2    must use an appropriate and accepted control standard or
3    framework and assessment procedure for assessments as
4    applicable and provide a report of an assessment to the
5    controller upon request.
6    (d) Taking into account the context of processing, the
7controller and the processor shall implement appropriate
8technical and organizational measures to ensure a level of
9security appropriate to the risk and establish a clear
10allocation of the responsibilities between the controller and
11the processor to implement the technical and organizational
12measures.
13    (e) In no event shall any contract relieve a controller or
14a processor from the liabilities imposed on a controller or
15processor by virtue of the controller's or processor's roles
16in the processing relationship under this Act. Notwithstanding
17any other provision of this Act, if a processor processes data
18under a binding contract that sets forth the processing
19instructions and limits the actions the processor may take
20with respect to the data it processes on behalf of the
21controller, the processor is not liable for the controller's
22actions that led to a violation of this Act.
23    (f) Determining whether a person is acting as a controller
24or processor with respect to a specific processing of data is a
25fact-based determination that depends upon the context in
26which personal data are to be processed. A person that is not
		SB0340 Engrossed	- 20 -	LRB104 06459 JRC 16495 b
1limited in the person's processing of personal data pursuant
2to a controller's instructions, or that fails to adhere to a
3controller's instructions, is a controller and not a processor
4with respect to a specific processing of data. A processor
5that continues to adhere to a controller's instructions with
6respect to a specific processing of personal data remains a
7processor. If a processor begins, alone or jointly with
8others, determining the purposes and means of the processing
9of personal data, the processor is a controller with respect
10to the processing.
11    Section 14. Consumer personal data rights.
12    (a)(1) Consumer rights provided. Except as provided in
13this Act, a controller must comply with a request to exercise
14the consumer rights provided in this subsection (a).
15    (2) A consumer has the right to confirm whether or not a
16controller is processing personal data concerning the consumer
17and access the personal data the controller is processing.
18    (3) A consumer has the right to correct inaccurate
19personal data concerning the consumer taking into account the
20nature of the personal data and the purposes of the processing
21of the personal data.
22    (4) A consumer has the right to delete personal data
23concerning the consumer.
24    (5) A consumer has the right to obtain personal data
25concerning the consumer, which the consumer previously
		SB0340 Engrossed	- 21 -	LRB104 06459 JRC 16495 b
1provided to the controller, in a portable and, to the extent
2technically feasible, readily usable format that allows the
3consumer to transmit the data to another controller without
4hindrance, where the processing is carried out by automated
5means.
6    (6) A consumer has the right to opt out of the processing
7of personal data concerning the consumer for purposes of: (i)
8targeted advertising, (ii) the sale of personal data, or (iii)
9profiling in furtherance of automated decisions that produce
10legal effects concerning a consumer or similarly significant
11effects concerning a consumer.
12    (7) A consumer has a right to obtain general descriptions
13of categories of third parties to which the controller has
14disclosed the consumer's personal data, unless such a list of
15specific third parties is readily available to the controller.
16    (b)(1) Exercising consumer rights. A consumer may exercise
17the rights set forth in subsection (a) by submitting a
18request, at any time, to a controller specifying which rights
19the consumer wishes to exercise.
20    (2) In the case of processing personal data concerning a
21known child, the parent or legal guardian of the known child
22may exercise the rights under this Act on the child's behalf.
23    (3) In the case of processing personal data concerning a
24consumer legally subject to guardianship under the Probate Act
25of 1975, the guardian of the consumer may exercise the rights
26under this Act on the consumer's behalf.
		SB0340 Engrossed	- 22 -	LRB104 06459 JRC 16495 b
1    (4) A consumer may designate another person as the
2consumer's authorized agent to exercise the consumer's right
3to opt out of the processing of the consumer's personal data
4for purposes of targeted advertising and sale under subsection
5(c)(1) on the consumer's behalf. A consumer may designate an
6authorized agent by way of, among other things, a technology,
7including, but not limited to, an Internet link or a browser
8setting, browser extension, or global device setting,
9indicating the consumer's intent to opt out of the processing.
10A controller shall comply with an opt-out request received
11from an authorized agent if the controller is able to verify,
12with commercially reasonable effort, the identity of the
13consumer and the authorized agent's authority to act on the
14consumer's behalf.
15    (c)(1) Universal opt-out mechanisms. A controller must
16allow a consumer to opt out of any processing of the consumer's
17personal data for the purposes of targeted advertising,
18profiling in furtherance of automated decisions that produce
19legal effects concerning the consumer or any sale of the
20consumer's personal data through an opt-out preference signal
21sent, with the consumer's consent, by a platform, technology,
22or mechanism to the controller indicating the consumer's
23intent to opt out of the processing, profiling, or sale. The
24platform, technology, or mechanism must:
25        (A) not unfairly disadvantage another controller;
26        (B) not make use of a default setting but require the
		SB0340 Engrossed	- 23 -	LRB104 06459 JRC 16495 b
1    consumer to make an affirmative, freely given, and
2    unambiguous choice to opt out of the processing of the
3    consumer's personal data;
4        (C) be consumer-friendly and easy to use by the
5    average consumer;
6        (D) be as consistent as possible with any other
7    similar platform, technology, or mechanism required by any
8    federal or State law or regulation; and
9        (E) enable the controller to accurately determine
10    whether the consumer is an Illinois resident and whether
11    the consumer has made a legitimate request to opt out of
12    any sale of the consumer's personal data profiling in
13    furtherance of automated decisions that produce legal
14    effects concerning the consumer, or targeted advertising.
15    For purposes of this paragraph, the use of an Internet
16    protocol address to estimate the consumer's location is
17    sufficient to determine the consumer's residence.
18    (2) If a consumer's opt-out request is exercised through
19the platform, technology, or mechanism required under
20subsection (c)(1), and the request conflicts with the
21consumer's existing controller-specific privacy setting or
22voluntary participation in a controller's bona fide loyalty,
23rewards, premium features, discounts, or club card program,
24the controller must comply with the consumer's opt-out
25preference signal but may also notify the consumer of the
26conflict and provide the consumer a choice to confirm the
		SB0340 Engrossed	- 24 -	LRB104 06459 JRC 16495 b
1controller-specific privacy setting or participation in the
2controller's program.
3    (3) A controller that recognizes opt-out preference
4signals that have been approved by other state laws or
5regulations is in compliance with this subdivision.
6    (d)(1) Controller response to consumer requests. Except as
7provided in this Act, a controller must comply with a request
8to exercise the rights pursuant to subsection (a).
9    (2) A controller must provide one or more secure and
10reliable means for consumers to submit a request to exercise
11the consumer's rights under this Section. The means made
12available must take into account the ways in which consumers
13interact with the controller and the need for secure and
14reliable communication of the requests.
15    (3) A controller may not require a consumer to create a new
16account to exercise a right, but a controller may require a
17consumer to use an existing account to exercise the consumer's
18rights under this Section.
19    (4) A controller must comply with a request to exercise
20the rights under this Section as soon as feasibly possible,
21but no later than 45 days after the receipt of the request,
22unless the controller extends the time.
23    (5) A controller must inform a consumer of any action
24taken on a request under subsection (b) without undue delay
25and in any event within 45 days after the receipt of the
26request. That period may be extended once by 45 additional
		SB0340 Engrossed	- 25 -	LRB104 06459 JRC 16495 b
1days where reasonably necessary taking into account the
2complexity and number of the requests. The controller must
3inform the consumer of any extension within the original
445-day window, together with the reasons for the delay.
5    (6) If a controller does not take action on a consumer's
6request, the controller must inform the consumer without undue
7delay and at the latest within 45 days after the receipt of the
8request of the reasons for not taking action and instructions
9for how to appeal the decision with the controller as
10described in subsection (e).
11    (7) Information provided under this Section must be
12provided by the controller free of charge up to twice annually
13to the consumer. If requests from a consumer are manifestly
14unfounded or excessive, in particular because of the
15repetitive character of the requests, the controller may
16either charge a reasonable fee to cover the administrative
17costs of complying with the request or refuse to act on the
18request. The controller bears the burden of demonstrating the
19manifestly unfounded or excessive character of the request.
20    (8) A controller is not required to comply with a request
21to exercise any of the rights under subsection (a), paragraphs
22(2) to (5) and (8), if the controller is unable to authenticate
23the request using commercially reasonable efforts. In such
24cases, the controller may request the provision of additional
25information reasonably necessary to authenticate the request.
26A controller is not required to authenticate an opt-out
		SB0340 Engrossed	- 26 -	LRB104 06459 JRC 16495 b
1request, but a controller may deny an opt-out request if the
2controller has a good faith, reasonable, and documented belief
3that the request is fraudulent. If a controller denies an
4opt-out request because the controller believes a request is
5fraudulent, the controller must notify the person who made the
6request that the request was denied because of the
7controller's belief that the request was fraudulent and state
8the controller's basis for that belief.
9    (9) In response to a consumer request under subsection
10(b), a controller must not disclose the following information
11about a consumer but must instead inform the consumer with
12sufficient particularity that the controller has collected
13that type of information:
14        (A) Social Security number;
15        (B) driver's license number or other government-issued
16    identification number;
17        (C) financial account number;
18        (D) health insurance account number or medical
19    identification number;
20        (E) account password, security questions, or answers;
21    or
22        (F) biometric identifiers or information.
23    (10) In response to a consumer request under subsection
24(b), a controller is not required to reveal any trade secret.
25    (11) A controller that has obtained personal data about a
26consumer from a source other than the consumer may comply with
		SB0340 Engrossed	- 27 -	LRB104 06459 JRC 16495 b
1a consumer's request to delete the consumer's personal data
2pursuant to subsection (a), paragraph (4), by either:
3        (A) retaining a record of the deletion request,
4    retaining the minimum data necessary for the purpose of
5    ensuring the consumer's personal data remains deleted from
6    the business's records and not using the retained data for
7    any other purpose under the provisions of this Act; or
8        (B) opting the consumer out of the processing of
9    personal data for any purpose except for the purposes
10    exempted pursuant to the provisions of this Act.
11    (e)(1) Appeal process required. A controller must
12establish an internal process in which a consumer may appeal a
13refusal to take action on a request to exercise any of the
14rights under subsection (a) within a reasonable period of time
15after the consumer's receipt of the notice sent by the
16controller under subsection (d), paragraph (6).
17    (2) The appeal process must be conspicuously available.
18The process must include the ease of use provisions in
19subsection (c)(1) applicable to submitting requests.
20    (3) Within 45 days after the receipt of an appeal, a
21controller must inform the consumer of any action taken or not
22taken in response to the appeal along with a written
23explanation of the reasons in support thereof. That period may
24be extended by 60 additional days if reasonably necessary,
25taking into account the complexity and number of the requests
26serving as the basis for the appeal. The controller must
		SB0340 Engrossed	- 28 -	LRB104 06459 JRC 16495 b
1inform the consumer of any extension within 45 days after the
2receipt of the appeal together with the reasons for the delay.
3    (4) When informing a consumer of any action taken or not
4taken in response to an appeal pursuant to paragraph (3), the
5controller must provide a written explanation of the reasons
6for the controller's decision and clearly and prominently
7provide the consumer with information about how to file a
8complaint with the Attorney General. The controller must
9maintain records of all appeals and the controller's responses
10for at least 24 months and shall, upon written request by the
11Attorney General as part of an investigation, compile and
12provide a copy of the records to the Attorney General.
13    Section 15. Processing deidentified data or pseudonymous
14data.
15    (a) This Act does not require a controller or processor to
16do any of the following solely for purposes of complying with
17this Act:
18        (1) reidentify deidentified data;
19        (2) maintain data in identifiable form, or collect,
20    obtain, retain, or access any data or technology, to be
21    capable of associating an authenticated consumer request
22    with personal data; or
23        (3) comply with an authenticated consumer request to
24    access, correct, delete, or port personal data under
25    Section 14, subsection (a), if all of the following are
		SB0340 Engrossed	- 29 -	LRB104 06459 JRC 16495 b
1    true:
2            (A) the controller is not reasonably capable of
3        associating the request with the personal data, or it
4        would be unreasonably burdensome for the controller to
5        associate the request with the personal data;
6            (B) the controller does not use the personal data
7        to recognize or respond to the specific consumer who
8        is the subject of the personal data or associate the
9        personal data with other personal data about the same
10        specific consumer; and
11            (C) the controller does not sell the personal data
12        to any third party or otherwise voluntarily disclose
13        the personal data to any third party other than a
14        processor, except as otherwise permitted in this
15        Section.
16    (b) The rights contained in paragraphs (2) to (5) and (8)
17of subsection (a) of Section 14 do not apply to pseudonymous
18data in cases in which the controller is able to demonstrate
19any information necessary to identify the consumer is kept
20separately and is subject to effective technical and
21organizational controls that prevent the controller from
22accessing the information.
23    (c) A controller that transfers, sells, or otherwise
24discloses pseudonymous data or deidentified data must exercise
25reasonable oversight to monitor compliance with any
26contractual commitments to which the pseudonymous data or
		SB0340 Engrossed	- 30 -	LRB104 06459 JRC 16495 b
1deidentified data are subject, and must take appropriate steps
2to address any breaches of contractual commitments.
3    (d) A processor or third party must not attempt to
4identify the subjects of deidentified or pseudonymous data
5without the express authority of the controller that caused
6the data to be deidentified or pseudonymized.
7    (e) A controller, processor, or third party must not
8attempt to identify the subjects of data that has been
9collected with only pseudonymous identifiers.
10    Section 16. Responsibilities of controllers.
11    (a)(1) Transparency obligations. Controllers must provide
12consumers with a reasonably accessible, clear, and meaningful
13privacy notice that includes:
14        (A) the categories of personal data processed by the
15    controller;
16        (B) the purposes for which the categories of personal
17    data are processed;
18        (C) an explanation of the rights contained in Section
19    14 and how and where consumers may exercise those rights,
20    including how a consumer may appeal a controller's action
21    with regard to the consumer's request;
22        (D) the categories of personal data that the
23    controller sells to or shares with third parties, if any;
24        (E) the categories of third parties, if any, with whom
25    the controller sells or shares personal data;
		SB0340 Engrossed	- 31 -	LRB104 06459 JRC 16495 b
1        (F) the controller's contact information, including an
2    active email address or other online mechanism that the
3    consumer may use to contact the controller;
4        (G) a description of the controller's retention
5    policies for personal data; and
6        (H) the date the privacy notice was last updated.
7    (2) If a controller sells personal data to third parties,
8processes personal data for targeted advertising, or engages
9in profiling in furtherance of decisions that produce legal
10effects concerning a consumer or similarly significant effects
11concerning a consumer, the controller must disclose the
12processing in the privacy notice and provide access to a clear
13and conspicuous method outside the privacy notice for a
14consumer to opt out of the sale, processing, or profiling in
15furtherance of decisions that produce legal effects concerning
16a consumer or similarly significant effects concerning a
17consumer. This method may include but is not limited to an
18Internet hyperlink clearly labeled "Your Opt-Out Rights" or
19"Your Privacy Rights" that directly effectuates the opt-out
20request or takes consumers to a web page where the consumer can
21make the opt-out request.
22    (3) The privacy notice must be made available to the
23public in each language in which the controller provides a
24product or service that is subject to the privacy notice or
25carries out activities related to the product or service.
26    (4) The controller must provide the privacy notice in a
		SB0340 Engrossed	- 32 -	LRB104 06459 JRC 16495 b
1manner that is reasonably accessible to and usable by
2individuals with disabilities.
3    (5) Whenever a controller makes a material change to the
4controller's privacy notice or practices, the controller must
5notify consumers affected by the material change with respect
6to any prospectively collected personal data and provide a
7reasonable opportunity for consumers to withdraw consent to
8any further materially different collection, processing, or
9transfer of previously collected personal data under the
10changed policy. The controller shall take all reasonable
11electronic measures to provide notification regarding material
12changes to affected consumers, taking into account available
13technology and the nature of the relationship.
14    (6) A controller is not required to provide a separate
15Illinois-specific privacy notice or section of a privacy
16notice if the controller's general privacy notice contains all
17the information required by this Section.
18    (7) The privacy notice must be posted online through a
19conspicuous hyperlink using the word "privacy" on the
20controller's website home page or on a mobile application's
21app store page or download page. A controller that maintains
22an application on a mobile or other device shall also include a
23hyperlink to the privacy notice in the application's settings
24menu or in a similarly conspicuous and accessible location. A
25controller that does not operate a website shall make the
26privacy notice conspicuously available to consumers through a
		SB0340 Engrossed	- 33 -	LRB104 06459 JRC 16495 b
1medium regularly used by the controller to interact with
2consumers, including, but not limited to, mail.
3    (b)(1) Use of data. A controller shall:
4        (A) limit the collection of personal data to what is
5    adequate, relevant, and reasonably necessary in relation
6    to the purposes for which the data are processed, which
7    must be disclosed to the consumer;
8        (B) not collect, process, or share sensitive data
9    concerning a consumer except when such collection,
10    processing, or transfer is strictly necessary to provide
11    or maintain a specific product or service requested by the
12    consumer to whom the sensitive data pertains. For purposes
13    of this Act, the collection and processing of specific
14    geolocation data or personal data to provide
15    transportation services by private entities regulated
16    under the Transportation Network Providers Act, is
17    strictly necessary to the extent that the private entity
18    uses the geolocation data or personal data for the sole
19    purpose of providing a service requested by the individual
20    or the use is otherwise consistent with that individual's
21    reasonable expectations considering the context in which
22    the individual provided the geolocation information to the
23    private entity. For purposes of this Act, the collection,
24    processing, and sharing of biometric identifiers and
25    information must be done in accordance with the
26    requirements of the Biometric Information Privacy Act. For
		SB0340 Engrossed	- 34 -	LRB104 06459 JRC 16495 b
1    purposes of this Act, the collection, processing, and
2    sharing of genetic information must be done in accordance
3    with the Genetic Information Privacy Act. For purposes of
4    this Act, the collection, processing, and sharing of
5    students' covered information must be done in accordance
6    with the Student Online Personal Protection Act; and
7        (C) not sell sensitive data.
8    (2) Except as provided in this Act, a controller may not
9process personal data for purposes that are not reasonably
10necessary to, or compatible with, the purposes for which the
11personal data are processed, as disclosed to the consumer,
12unless the controller obtains the consumer's consent.
13    (3) A controller shall establish, implement, and maintain
14reasonable administrative, technical, and physical data
15security practices to protect the confidentiality, integrity,
16and accessibility of personal data, including the maintenance
17of an inventory of the data that must be managed to exercise
18these responsibilities. The data security practices shall be
19appropriate to the volume and nature of the personal data at
20issue.
21    (4) Except as otherwise provided in this Act, a controller
22may not process sensitive data concerning a consumer without
23obtaining the consumer's consent, or, in the case of the
24processing of personal data concerning a known child, without
25obtaining consent from the child's parent or lawful guardian,
26in accordance with the requirement of the Children's Online
		SB0340 Engrossed	- 35 -	LRB104 06459 JRC 16495 b
1Privacy Protection Act, United States Code, Title 15, Sections
26501 to 6506, and its implementing regulations. A controller
3must follow the requirements of the Biometric Information
4Privacy Act and the Genetic Information Privacy Act for
5information covered by those Acts.
6    (5) A controller shall provide an effective mechanism for
7a consumer, or, in the case of the processing of personal data
8concerning a known child, the child's parent or lawful
9guardian, to withdraw previously given consent under this
10subsection. The mechanism provided shall be at least as easy
11as the mechanism by which the consent was previously given.
12Upon revocation of consent, a controller shall cease to
13process the applicable data as soon as practicable, but no
14later than 15 days after the receipt of the request.
15    (6) A controller may not process the personal data of a
16consumer for purposes of targeted advertising, or sell the
17consumer's personal data, without the consumer's consent,
18under circumstances in which the controller knows that the
19consumer is between the ages of 13 and 16.
20    (7) A controller may not retain personal data that is no
21longer relevant and reasonably necessary in relation to the
22purposes for which the data were collected and processed,
23unless retention of the data is otherwise required by law or
24permitted under Section 19 and in accordance with the
25Biometric Information Privacy Act.
26    (c)(1) Nondiscrimination. A controller shall not process
		SB0340 Engrossed	- 36 -	LRB104 06459 JRC 16495 b
1personal data on the basis of a consumer's or a class of
2consumers' actual or perceived race, color, ethnicity,
3religion, national origin, sex, gender, gender identity,
4sexual orientation, familial status, lawful source of income,
5or disability in a manner that unlawfully discriminates
6against the consumer or class of consumers.
7    (2) A controller may not discriminate against a consumer
8for exercising any of the rights contained in this Act,
9including denying goods or services to the consumer, charging
10different prices or rates for goods or services, and providing
11a different level of quality of goods and services to the
12consumer. This subsection does not: (i) require a controller
13to provide a good or service that requires the consumer's
14personal data that the controller does not collect or
15maintain; or (ii) prohibit a controller from offering a
16different price, rate, level, quality, or selection of goods
17or services to a consumer, including offering goods or
18services for no fee, if the offering is in connection with a
19consumer's voluntary participation in a bona fide loyalty,
20rewards, premium features, discounts, or club card program if
21that difference is reasonably related to the value provided to
22the business by the consumer's data.
23    (d) Waiver of rights unenforceable. Any provision of a
24contract or agreement of any kind that purports to waive or
25limit in any way a consumer's rights under this Act is contrary
26to public policy and is void and unenforceable.
		SB0340 Engrossed	- 37 -	LRB104 06459 JRC 16495 b
1    Section 17. Requirements for small businesses.
2    (a) A small business, as defined by the United States
3Small Business Administration under the Code of Federal
4Regulations, Title 13, Part 121, that conducts business in
5Illinois or produces products or services that are targeted to
6Illinois residents must not sell a consumer's sensitive data.
7    (b) Penalties and enforcement procedures under Section 20
8apply to a small business that violates this Section.
9    Section 18. Data privacy policies; data privacy and
10protection assessments.
11    (a) A controller must document and maintain a description
12of the policies and procedures the controller has adopted to
13comply with this Act. The description must include, where
14applicable:
15        (1) the name and contact information for the
16    controller's chief privacy officer or other individual
17    with primary responsibility for directing the policies and
18    procedures implemented to comply with the provisions of
19    this Act; and
20        (2) a description of the controller's data privacy
21    policies and procedures that reflect the requirements in
22    Section 16, and any policies and procedures designed to:
23            (i) reflect the requirements of this Act in the
24        design of the controller's systems;
		SB0340 Engrossed	- 38 -	LRB104 06459 JRC 16495 b
1            (ii) identify and provide personal data to a
2        consumer as required by this Act;
3            (iii) establish, implement, and maintain
4        reasonable administrative, technical, and physical
5        data security practices to protect the
6        confidentiality, integrity, and accessibility of
7        personal data, including the maintenance of an
8        inventory of the data that must be managed to exercise
9        the responsibilities under this item;
10            (iv) limit the collection of personal data to what
11        is adequate, relevant, and reasonably necessary in
12        relation to the purposes for which the data are
13        processed;
14            (v) prevent the retention of personal data that is
15        no longer relevant and reasonably necessary in
16        relation to the purposes for which the data were
17        collected and processed, unless retention of the data
18        is otherwise required by law or permitted under
19        Section 19 and in accordance with the Biometric
20        Information Privacy Act; and
21            (vi) identify and remediate violations of this
22        Act.
23    (b) A controller must conduct and document a data privacy
24and protection assessment for each of the following processing
25activities involving personal data:
26        (1) the processing of personal data for purposes of
		SB0340 Engrossed	- 39 -	LRB104 06459 JRC 16495 b
1    targeted advertising;
2        (2) the sale of personal data;
3        (3) the processing of sensitive data;
4        (4) any processing activities involving personal data
5    that present a heightened risk of harm to consumers; and
6        (5) the processing of personal data for purposes of
7    profiling, where the profiling presents a reasonably
8    foreseeable risk of:
9            (i) unfair or deceptive treatment of, or disparate
10        impact on, consumers;
11            (ii) financial, physical, or reputational injury
12        to consumers;
13            (iii) a physical or other intrusion upon the
14        solitude or seclusion, or the private affairs or
15        concerns, of consumers, where the intrusion would be
16        offensive to a reasonable person; or
17            (iv) other substantial injury to consumers.
18    (c) A data privacy and protection assessment must take
19into account the type of personal data to be processed by the
20controller, including the extent to which the personal data
21are sensitive data, and the context in which the personal data
22are to be processed.
23    (d) A data privacy and protection assessment must identify
24and weigh the benefits that may flow directly and indirectly
25from the processing to the controller, consumer, other
26stakeholders, and the public against the potential risks to
		SB0340 Engrossed	- 40 -	LRB104 06459 JRC 16495 b
1the rights of the consumer associated with the processing, as
2mitigated by safeguards that can be employed by the controller
3to reduce the potential risks. The use of deidentified data
4and the reasonable expectations of consumers, as well as the
5context of the processing and the relationship between the
6controller and the consumer whose personal data will be
7processed, must be factored into this assessment by the
8controller.
9    (e) A data privacy and protection assessment must include
10the description of policies and procedures required by
11subsection (a).
12    (f) As part of a subpoena, the Attorney General or State's
13Attorneys may request, in writing, that a controller disclose
14any data privacy and protection assessment that is relevant to
15an investigation conducted by the Attorney General or State's
16Attorneys. The controller must make a data privacy and
17protection assessment available to the Attorney General or
18State's Attorneys upon a request made under this subsection.
19The Attorney General or State's Attorneys may evaluate the
20data privacy and protection assessments for compliance with
21this Act. Data privacy and protection assessments are
22nonpublic data that is required by State or federal law that
23is: (1) not about an individual; (2) not accessible by the
24general public; and (3) accessible by the subject of the data.
25The disclosure of a data privacy and protection assessment
26under a request from the Attorney General or State's Attorneys
		SB0340 Engrossed	- 41 -	LRB104 06459 JRC 16495 b
1under this subsection does not constitute a waiver of the
2attorney-client privilege or work product protection with
3respect to the assessment and any information contained in the
4assessment.
5    (g) Data privacy and protection assessments or risk
6assessments conducted by a controller for the purpose of
7compliance with other laws or regulations may qualify under
8this Section if the assessments have a similar scope and
9effect.
10    (h) A single data protection assessment may address
11multiple sets of comparable processing operations that include
12similar activities.
13    Section 19. Limitations and applicability.
14    (a) The obligations imposed on controllers or processors
15under this Act do not restrict a controller's or a processor's
16ability to:
17        (1) comply with federal, State, or local laws, rules,
18    or regulations, including, but not limited to, data
19    retention requirements in State or federal law
20    notwithstanding a consumer's request to delete personal
21    data;
22        (2) comply with a civil, criminal, or regulatory
23    inquiry, investigation, subpoena, or summons by federal,
24    State, local, or other governmental authorities;
25        (3) cooperate with law enforcement agencies concerning
		SB0340 Engrossed	- 42 -	LRB104 06459 JRC 16495 b
1    conduct or activity that the controller or processor
2    reasonably and in good faith believes may violate federal,
3    State, or local laws, rules, or regulations;
4        (4) investigate, establish, exercise, prepare for, or
5    defend legal claims;
6        (5) provide a product or service specifically
7    requested by a consumer; perform a contract to which the
8    consumer is a party, including fulfilling the terms of a
9    written warranty; or take steps at the request of the
10    consumer prior to entering into a contract;
11        (6) take immediate steps to protect an interest that
12    is essential for the life or physical safety of the
13    consumer or of another natural person, and if the
14    processing cannot be manifestly based on another legal
15    basis;
16        (7) prevent, detect, protect against, or respond to
17    security incidents, identity theft, fraud, harassment,
18    malicious or deceptive activities, or any illegal
19    activity; preserve the integrity or security of systems;
20    or investigate, report, or prosecute those responsible for
21    any such action;
22        (8) assist another controller, processor, or third
23    party with any of the obligations under this subsection;
24        (9) engage in public or peer-reviewed scientific,
25    historical, or statistical research in the public interest
26    that adheres to all other applicable ethics and privacy
		SB0340 Engrossed	- 43 -	LRB104 06459 JRC 16495 b
1    laws and is approved, monitored, and governed by an
2    institutional review board, human subjects research ethics
3    review board, or a similar independent oversight entity
4    that has determined:
5            (A) the research is likely to provide substantial
6        benefits that do not exclusively accrue to the
7        controller;
8            (B) the expected benefits of the research outweigh
9        the privacy risks; and
10            (C) the controller has implemented reasonable
11        safeguards to mitigate privacy risks associated with
12        research, including any risks associated with
13        reidentification; or
14        (10) process personal data for the benefit of the
15    public in the areas of public health, community health, or
16    population health, but only to the extent that the
17    processing is:
18            (A) subject to suitable and specific measures to
19        safeguard the rights of the consumer whose personal
20        data is being processed; and
21            (B) under the responsibility of a professional
22        individual who is subject to confidentiality
23        obligations under federal, State, or local law.
24    (b) The obligations imposed on controllers or processors
25under this Act do not restrict a controller's or processor's
26ability to collect, use, or retain data to:
		SB0340 Engrossed	- 44 -	LRB104 06459 JRC 16495 b
1        (1) effectuate a product recall or identify and repair
2    technical errors that impair existing or intended
3    functionality;
4        (2) perform internal operations that are reasonably
5    aligned with the expectations of the consumer based on the
6    consumer's existing relationship with the controller, or
7    are otherwise compatible with processing in furtherance of
8    the provision of a product or service specifically
9    requested by a consumer or the performance of a contract
10    to which the consumer is a party; or
11        (3) conduct internal research to develop, improve, or
12    repair products, services, or technology.
13    (c) The obligations imposed on controllers or processors
14under this Act do not apply if compliance by the controller or
15processor with this Act would violate an evidentiary privilege
16under Illinois law and do not prevent a controller or
17processor from providing personal data concerning a consumer
18to a person covered by an evidentiary privilege under Illinois
19law as part of a privileged communication.
20    (d) A controller or processor that discloses personal data
21to a third-party controller or processor in compliance with
22the requirements of this Act is not in violation of this Act if
23the recipient processes the personal data in violation of this
24Act, provided that at the time of disclosing the personal
25data, the disclosing controller or processor did not have
26actual knowledge that the recipient intended to commit a
		SB0340 Engrossed	- 45 -	LRB104 06459 JRC 16495 b
1violation. A third-party controller or processor receiving
2personal data from a controller or processor in compliance
3with the requirements of this Act is not in violation of this
4Act for the obligations of the controller or processor from
5which the third-party controller or processor receives the
6personal data.
7    (e) Obligations imposed on controllers and processors
8under this Act shall not:
9        (1) adversely affect the rights or freedoms of any
10    persons, including exercising the right of free speech
11    pursuant to the First Amendment of the United States
12    Constitution; or
13        (2) apply to the processing of personal data by a
14    natural person in the course of a purely personal or
15    household activity.
16    (f) Personal data that are processed by a controller
17pursuant to this Section may be processed solely to the extent
18that the processing is:
19        (1) necessary, reasonable, and proportionate to the
20    purposes listed in this Section;
21        (2) adequate, relevant, and limited to what is
22    necessary in relation to the specific purpose or purposes
23    listed in this Section; and
24        (3) insofar as possible, taking into account the
25    nature and purpose of processing the personal data,
26    subjected to reasonable administrative, technical, and
		SB0340 Engrossed	- 46 -	LRB104 06459 JRC 16495 b
1    physical measures to protect the confidentiality,
2    integrity, and accessibility of the personal data, and to
3    reduce reasonably foreseeable risks of harm to consumers.
4    (g) If a controller processes personal data pursuant to an
5exemption in this Section, the controller bears the burden of
6demonstrating that the processing qualifies for the exemption
7and complies with the requirements in subsection (f).
8    (h) Processing personal data solely for the purposes
9expressly identified in subsection (a), clauses (1) to (7),
10does not, by itself, make an entity a controller with respect
11to the processing.
12    Section 20. Enforcement.
13    (a) If a controller or processor violates this Act, the
14Attorney General or the State's Attorney of any county in this
15State, before filing an enforcement action under subsection
16(b), must provide the controller or processor with a warning
17letter identifying the specific provisions of this Act the
18Attorney General or State's Attorney alleges have been or are
19being violated. If, after 30 days of issuance of the warning
20letter, the Attorney General or State's Attorney believes the
21controller or processor has failed to cure any alleged
22violation, the Attorney General or State's Attorney may bring
23an enforcement action under subsection (b). This subsection
24becomes inoperative January 1, 2029.
25    (b) The Attorney General or the State's Attorney of any
		SB0340 Engrossed	- 47 -	LRB104 06459 JRC 16495 b
1county in this State may bring an action in the name of the
2People of this State against any person to restrain and
3prevent any pattern or practice in violation of this Act.
4    (c) A violation of this Act constitutes an unlawful
5practice under the Consumer Fraud and Deceptive Business
6Practices Act. All remedies, penalties, and authority granted
7to the Attorney General or the State's Attorney by the
8Consumer Fraud and Deceptive Business Practices Act are
9available to the Attorney General or the State's Attorney for
10the enforcement of this Act.
11    (d) Any civil penalties collected from the enforcement of
12this Act shall be deposited into the Attorney General Court
13Ordered and Voluntary Compliance Payment Projects Fund if the
14Attorney General commenced the action or distributed to the
15county in which the State's Attorney commenced the action and
16deposited into a special fund in the county treasury and
17appropriated to the State's Attorney for use in accordance
18with law.
19    (e) Nothing in this Act shall be construed to establish a
20private right of action associated with violations of this
21Act.
22    (f) Nothing in this Act shall be construed to preempt the
23enforcement provisions in the Biometric Information Privacy
24Act or the Genetic Information Privacy Act.
25    Section 95. Home rule. A unit of local government,
		SB0340 Engrossed	- 48 -	LRB104 06459 JRC 16495 b
1including a home rule unit, may not regulate consumer data
2privacy. This Section is a denial and limitation of home rule
3powers and functions under subsection (g) of Section 6 of
4Article VII of the Illinois Constitution.
5    Section 97. Severability. If any provision of this Act or
6its application to any person or circumstance is held invalid,
7the invalidity of that provision or application does not
8affect other provisions or applications of this Act that can
9be given effect without the invalid provision or application.
10    Section 900. The Freedom of Information Act is amended by
11changing Section 7.5 as follows:
12    (5 ILCS 140/7.5)
13    (Text of Section before amendment by P.A. 104-441 and
14104-457)
15    Sec. 7.5. Statutory exemptions. To the extent provided for
16by the statutes referenced below, the following shall be
17exempt from inspection and copying:
18        (a) All information determined to be confidential
19    under Section 4002 of the Technology Advancement and
20    Development Act.
21        (b) Library circulation and order records identifying
22    library users with specific materials under the Library
23    Records Confidentiality Act.
		SB0340 Engrossed	- 49 -	LRB104 06459 JRC 16495 b
1        (c) Applications, related documents, and medical
2    records received by the Experimental Organ Transplantation
3    Procedures Board and any and all documents or other
4    records prepared by the Experimental Organ Transplantation
5    Procedures Board or its staff relating to applications it
6    has received.
7        (d) Information and records held by the Department of
8    Public Health and its authorized representatives relating
9    to known or suspected cases of sexually transmitted
10    infection or any information the disclosure of which is
11    restricted under the Illinois Sexually Transmitted
12    Infection Control Act.
13        (e) Information the disclosure of which is exempted
14    under Section 30 of the Radon Industry Licensing Act.
15        (f) Firm performance evaluations under Section 55 of
16    the Architectural, Engineering, and Land Surveying
17    Qualifications Based Selection Act.
18        (g) Information the disclosure of which is restricted
19    and exempted under Section 50 of the Illinois Prepaid
20    Tuition Act.
21        (h) Information the disclosure of which is exempted
22    under the State Officials and Employees Ethics Act, and
23    records of any lawfully created State or local inspector
24    general's office that would be exempt if created or
25    obtained by an Executive Inspector General's office under
26    that Act.
		SB0340 Engrossed	- 50 -	LRB104 06459 JRC 16495 b
1        (i) Information contained in a local emergency energy
2    plan submitted to a municipality in accordance with a
3    local emergency energy plan ordinance that is adopted
4    under Section 11-21.5-5 of the Illinois Municipal Code.
5        (j) Information and data concerning the distribution
6    of surcharge moneys collected and remitted by carriers
7    under the Emergency Telephone System Act.
8        (k) Law enforcement officer identification information
9    or driver identification information compiled by a law
10    enforcement agency or the Department of Transportation
11    under Section 11-212 of the Illinois Vehicle Code.
12        (l) Records and information provided to a residential
13    health care facility resident sexual assault and death
14    review team or the Executive Council under the Abuse
15    Prevention Review Team Act.
16        (m) Information provided to the predatory lending
17    database created pursuant to Article 3 of the Residential
18    Real Property Disclosure Act, except to the extent
19    authorized under that Article.
20        (n) Defense budgets and petitions for certification of
21    compensation and expenses for court appointed trial
22    counsel as provided under Sections 10 and 15 of the
23    Capital Crimes Litigation Act (repealed). This subsection
24    (n) shall apply until the conclusion of the trial of the
25    case, even if the prosecution chooses not to pursue the
26    death penalty prior to trial or sentencing.
		SB0340 Engrossed	- 51 -	LRB104 06459 JRC 16495 b
1        (o) Information that is prohibited from being
2    disclosed under Section 4 of the Illinois Health and
3    Hazardous Substances Registry Act.
4        (p) Security portions of system safety program plans,
5    investigation reports, surveys, schedules, lists, data, or
6    information compiled, collected, or prepared by or for the
7    Department of Transportation under Sections 2705-300 and
8    2705-616 of the Department of Transportation Law of the
9    Civil Administrative Code of Illinois, the Regional
10    Transportation Authority under Section 2.11 of the
11    Regional Transportation Authority Act, or the St. Clair
12    County Transit District under the Bi-State Transit Safety
13    Act (repealed).
14        (q) Information prohibited from being disclosed by the
15    Personnel Record Review Act.
16        (r) Information prohibited from being disclosed by the
17    Illinois School Student Records Act.
18        (s) Information the disclosure of which is restricted
19    under Section 5-108 of the Public Utilities Act.
20        (t) (Blank).
21        (u) Records and information provided to an independent
22    team of experts under the Developmental Disability and
23    Mental Health Safety Act (also known as Brian's Law).
24        (v) Names and information of people who have applied
25    for or received Firearm Owner's Identification Cards under
26    the Firearm Owners Identification Card Act or applied for
		SB0340 Engrossed	- 52 -	LRB104 06459 JRC 16495 b
1    or received a concealed carry license under the Firearm
2    Concealed Carry Act, unless otherwise authorized by the
3    Firearm Concealed Carry Act; and databases under the
4    Firearm Concealed Carry Act, records of the Concealed
5    Carry Licensing Review Board under the Firearm Concealed
6    Carry Act, and law enforcement agency objections under the
7    Firearm Concealed Carry Act.
8        (v-5) Records of the Firearm Owner's Identification
9    Card Review Board that are exempted from disclosure under
10    Section 10 of the Firearm Owners Identification Card Act.
11        (w) Personally identifiable information which is
12    exempted from disclosure under subsection (g) of Section
13    19.1 of the Toll Highway Act.
14        (x) Information which is exempted from disclosure
15    under Section 5-1014.3 of the Counties Code or Section
16    8-11-21 of the Illinois Municipal Code.
17        (y) Confidential information under the Adult
18    Protective Services Act and its predecessor enabling
19    statute, the Elder Abuse and Neglect Act, including
20    information about the identity and administrative finding
21    against any caregiver of a verified and substantiated
22    decision of abuse, neglect, or financial exploitation of
23    an eligible adult maintained in the Registry established
24    under Section 7.5 of the Adult Protective Services Act.
25        (z) Records and information provided to a fatality
26    review team or the Illinois Fatality Review Team Advisory
		SB0340 Engrossed	- 53 -	LRB104 06459 JRC 16495 b
1    Council under Section 15 of the Adult Protective Services
2    Act.
3        (aa) Information which is exempted from disclosure
4    under Section 2.37 of the Wildlife Code.
5        (bb) Information which is or was prohibited from
6    disclosure by the Juvenile Court Act of 1987.
7        (cc) Recordings made under the Law Enforcement
8    Officer-Worn Body Camera Act, except to the extent
9    authorized under that Act.
10        (dd) Information that is prohibited from being
11    disclosed under Section 45 of the Condominium and Common
12    Interest Community Ombudsperson Act.
13        (ee) Information that is exempted from disclosure
14    under Section 30.1 of the Pharmacy Practice Act.
15        (ff) Information that is exempted from disclosure
16    under the Revised Uniform Unclaimed Property Act.
17        (gg) Information that is prohibited from being
18    disclosed under Section 7-603.5 of the Illinois Vehicle
19    Code.
20        (hh) Records that are exempt from disclosure under
21    Section 1A-16.7 of the Election Code.
22        (ii) Information which is exempted from disclosure
23    under Section 2505-800 of the Department of Revenue Law of
24    the Civil Administrative Code of Illinois.
25        (jj) Information and reports that are required to be
26    submitted to the Department of Labor by registering day
		SB0340 Engrossed	- 54 -	LRB104 06459 JRC 16495 b
1    and temporary labor service agencies but are exempt from
2    disclosure under subsection (a-1) of Section 45 of the Day
3    and Temporary Labor Services Act.
4        (kk) Information prohibited from disclosure under the
5    Seizure and Forfeiture Reporting Act.
6        (ll) Information the disclosure of which is restricted
7    and exempted under Section 5-30.8 of the Illinois Public
8    Aid Code.
9        (mm) Records that are exempt from disclosure under
10    Section 4.2 of the Crime Victims Compensation Act.
11        (nn) Information that is exempt from disclosure under
12    Section 70 of the Higher Education Student Assistance Act.
13        (oo) Communications, notes, records, and reports
14    arising out of a peer support counseling session
15    prohibited from disclosure under the First Responders
16    Suicide Prevention Act.
17        (pp) Names and all identifying information relating to
18    an employee of an emergency services provider or law
19    enforcement agency under the First Responders Suicide
20    Prevention Act.
21        (qq) Information and records held by the Department of
22    Public Health and its authorized representatives collected
23    under the Reproductive Health Act.
24        (rr) Information that is exempt from disclosure under
25    the Cannabis Regulation and Tax Act.
26        (ss) Data reported by an employer to the Department of
		SB0340 Engrossed	- 55 -	LRB104 06459 JRC 16495 b
1    Human Rights pursuant to Section 2-108 of the Illinois
2    Human Rights Act.
3        (tt) Recordings made under the Children's Advocacy
4    Center Act, except to the extent authorized under that
5    Act.
6        (uu) Information that is exempt from disclosure under
7    Section 50 of the Sexual Assault Evidence Submission Act.
8        (vv) Information that is exempt from disclosure under
9    subsections (f) and (j) of Section 5-36 of the Illinois
10    Public Aid Code.
11        (ww) Information that is exempt from disclosure under
12    Section 16.8 of the State Treasurer Act.
13        (xx) Information that is exempt from disclosure or
14    information that shall not be made public under the
15    Illinois Insurance Code.
16        (yy) Information prohibited from being disclosed under
17    the Illinois Educational Labor Relations Act.
18        (zz) Information prohibited from being disclosed under
19    the Illinois Public Labor Relations Act.
20        (aaa) Information prohibited from being disclosed
21    under Section 1-167 of the Illinois Pension Code.
22        (bbb) Information that is prohibited from disclosure
23    by the Illinois Police Training Act and the Illinois State
24    Police Act.
25        (ccc) Records exempt from disclosure under Section
26    2605-304 of the Illinois State Police Law of the Civil
		SB0340 Engrossed	- 56 -	LRB104 06459 JRC 16495 b
1    Administrative Code of Illinois.
2        (ddd) Information prohibited from being disclosed
3    under Section 35 of the Address Confidentiality for
4    Victims of Domestic Violence, Sexual Assault, Human
5    Trafficking, or Stalking Act.
6        (eee) Information prohibited from being disclosed
7    under subsection (b) of Section 75 of the Domestic
8    Violence Fatality Review Act.
9        (fff) Images from cameras under the Expressway Camera
10    Act and all automated license plate reader (ALPR)
11    information used and collected by the Illinois State
12    Police. "ALPR information" means information gathered by
13    an ALPR or created from the analysis of data generated by
14    an ALPR. This subsection (fff) is inoperative on and after
15    July 1, 2028.
16        (ggg) Information prohibited from disclosure under
17    paragraph (3) of subsection (a) of Section 14 of the Nurse
18    Agency Licensing Act.
19        (hhh) Information submitted to the Illinois State
20    Police in an affidavit or application for an assault
21    weapon endorsement, assault weapon attachment endorsement,
22    .50 caliber rifle endorsement, or .50 caliber cartridge
23    endorsement under the Firearm Owners Identification Card
24    Act.
25        (iii) Data exempt from disclosure under Section 50 of
26    the School Safety Drill Act.
		SB0340 Engrossed	- 57 -	LRB104 06459 JRC 16495 b
1        (jjj) Information exempt from disclosure under Section
2    30 of the Insurance Data Security Law.
3        (kkk) Confidential business information prohibited
4    from disclosure under Section 45 of the Paint Stewardship
5    Act.
6        (lll) Data exempt from disclosure under Section
7    2-3.196 of the School Code.
8        (mmm) Information prohibited from being disclosed
9    under subsection (e) of Section 1-129 of the Illinois
10    Power Agency Act.
11        (nnn) Materials received by the Department of Commerce
12    and Economic Opportunity that are confidential under the
13    Music and Musicians Tax Credit and Jobs Act.
14        (ooo) Data or information provided pursuant to Section
15    20 of the Statewide Recycling Needs and Assessment Act.
16        (ppp) Information that is exempt from disclosure under
17    Section 28-11 of the Lawful Health Care Activity Act.
18        (qqq) Information that is exempt from disclosure under
19    Section 7-101 of the Illinois Human Rights Act.
20        (rrr) Information prohibited from being disclosed
21    under Section 4-2 of the Uniform Money Transmission
22    Modernization Act.
23        (sss) Information exempt from disclosure under Section
24    40 of the Student-Athlete Endorsement Rights Act.
25        (ttt) Audio recordings made under Section 30 of the
26    Illinois State Police Act, except to the extent authorized
		SB0340 Engrossed	- 58 -	LRB104 06459 JRC 16495 b
1    under that Section.
2        (uuu) Information prohibited from being disclosed
3    under Section 30-5 of the Digital Assets Regulation Act.
4        (www) Data privacy and protection assessments made
5    available to the Attorney General under Section 18 of the
6    Illinois Consumer Data Privacy Act.
7(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
8103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
98-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
10eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
11103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
128-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
13eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
14104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised
159-10-25.)
16    (Text of Section after amendment by P.A. 104-457 but
17before 104-441)
18    Sec. 7.5. Statutory exemptions. To the extent provided for
19by the statutes referenced below, the following shall be
20exempt from inspection and copying:
21        (a) All information determined to be confidential
22    under Section 4002 of the Technology Advancement and
23    Development Act.
24        (b) Library circulation and order records identifying
25    library users with specific materials under the Library
		SB0340 Engrossed	- 59 -	LRB104 06459 JRC 16495 b
1    Records Confidentiality Act.
2        (c) Applications, related documents, and medical
3    records received by the Experimental Organ Transplantation
4    Procedures Board and any and all documents or other
5    records prepared by the Experimental Organ Transplantation
6    Procedures Board or its staff relating to applications it
7    has received.
8        (d) Information and records held by the Department of
9    Public Health and its authorized representatives relating
10    to known or suspected cases of sexually transmitted
11    infection or any information the disclosure of which is
12    restricted under the Illinois Sexually Transmitted
13    Infection Control Act.
14        (e) Information the disclosure of which is exempted
15    under Section 30 of the Radon Industry Licensing Act.
16        (f) Firm performance evaluations under Section 55 of
17    the Architectural, Engineering, and Land Surveying
18    Qualifications Based Selection Act.
19        (g) Information the disclosure of which is restricted
20    and exempted under Section 50 of the Illinois Prepaid
21    Tuition Act.
22        (h) Information the disclosure of which is exempted
23    under the State Officials and Employees Ethics Act, and
24    records of any lawfully created State or local inspector
25    general's office that would be exempt if created or
26    obtained by an Executive Inspector General's office under
		SB0340 Engrossed	- 60 -	LRB104 06459 JRC 16495 b
1    that Act.
2        (i) Information contained in a local emergency energy
3    plan submitted to a municipality in accordance with a
4    local emergency energy plan ordinance that is adopted
5    under Section 11-21.5-5 of the Illinois Municipal Code.
6        (j) Information and data concerning the distribution
7    of surcharge moneys collected and remitted by carriers
8    under the Emergency Telephone System Act.
9        (k) Law enforcement officer identification information
10    or driver identification information compiled by a law
11    enforcement agency or the Department of Transportation
12    under Section 11-212 of the Illinois Vehicle Code.
13        (l) Records and information provided to a residential
14    health care facility resident sexual assault and death
15    review team or the Executive Council under the Abuse
16    Prevention Review Team Act.
17        (m) Information provided to the predatory lending
18    database created pursuant to Article 3 of the Residential
19    Real Property Disclosure Act, except to the extent
20    authorized under that Article.
21        (n) Defense budgets and petitions for certification of
22    compensation and expenses for court appointed trial
23    counsel as provided under Sections 10 and 15 of the
24    Capital Crimes Litigation Act (repealed). This subsection
25    (n) shall apply until the conclusion of the trial of the
26    case, even if the prosecution chooses not to pursue the
		SB0340 Engrossed	- 61 -	LRB104 06459 JRC 16495 b
1    death penalty prior to trial or sentencing.
2        (o) Information that is prohibited from being
3    disclosed under Section 4 of the Illinois Health and
4    Hazardous Substances Registry Act.
5        (p) Security portions of system safety program plans,
6    investigation reports, surveys, schedules, lists, data, or
7    information compiled, collected, or prepared by or for the
8    Department of Transportation under Sections 2705-300 and
9    2705-616 of the Department of Transportation Law of the
10    Civil Administrative Code of Illinois, the Northern
11    Illinois Transit Authority under Section 2.11 of the
12    Northern Illinois Transit Authority Act, or the St. Clair
13    County Transit District under the Bi-State Transit Safety
14    Act (repealed).
15        (q) Information prohibited from being disclosed by the
16    Personnel Record Review Act.
17        (r) Information prohibited from being disclosed by the
18    Illinois School Student Records Act.
19        (s) Information the disclosure of which is restricted
20    under Section 5-108 of the Public Utilities Act.
21        (t) (Blank).
22        (u) Records and information provided to an independent
23    team of experts under the Developmental Disability and
24    Mental Health Safety Act (also known as Brian's Law).
25        (v) Names and information of people who have applied
26    for or received Firearm Owner's Identification Cards under
		SB0340 Engrossed	- 62 -	LRB104 06459 JRC 16495 b
1    the Firearm Owners Identification Card Act or applied for
2    or received a concealed carry license under the Firearm
3    Concealed Carry Act, unless otherwise authorized by the
4    Firearm Concealed Carry Act; and databases under the
5    Firearm Concealed Carry Act, records of the Concealed
6    Carry Licensing Review Board under the Firearm Concealed
7    Carry Act, and law enforcement agency objections under the
8    Firearm Concealed Carry Act.
9        (v-5) Records of the Firearm Owner's Identification
10    Card Review Board that are exempted from disclosure under
11    Section 10 of the Firearm Owners Identification Card Act.
12        (w) Personally identifiable information which is
13    exempted from disclosure under subsection (g) of Section
14    19.1 of the Toll Highway Act.
15        (x) Information which is exempted from disclosure
16    under Section 5-1014.3 of the Counties Code or Section
17    8-11-21 of the Illinois Municipal Code.
18        (y) Confidential information under the Adult
19    Protective Services Act and its predecessor enabling
20    statute, the Elder Abuse and Neglect Act, including
21    information about the identity and administrative finding
22    against any caregiver of a verified and substantiated
23    decision of abuse, neglect, or financial exploitation of
24    an eligible adult maintained in the Registry established
25    under Section 7.5 of the Adult Protective Services Act.
26        (z) Records and information provided to a fatality
		SB0340 Engrossed	- 63 -	LRB104 06459 JRC 16495 b
1    review team or the Illinois Fatality Review Team Advisory
2    Council under Section 15 of the Adult Protective Services
3    Act.
4        (aa) Information which is exempted from disclosure
5    under Section 2.37 of the Wildlife Code.
6        (bb) Information which is or was prohibited from
7    disclosure by the Juvenile Court Act of 1987.
8        (cc) Recordings made under the Law Enforcement
9    Officer-Worn Body Camera Act, except to the extent
10    authorized under that Act.
11        (dd) Information that is prohibited from being
12    disclosed under Section 45 of the Condominium and Common
13    Interest Community Ombudsperson Act.
14        (ee) Information that is exempted from disclosure
15    under Section 30.1 of the Pharmacy Practice Act.
16        (ff) Information that is exempted from disclosure
17    under the Revised Uniform Unclaimed Property Act.
18        (gg) Information that is prohibited from being
19    disclosed under Section 7-603.5 of the Illinois Vehicle
20    Code.
21        (hh) Records that are exempt from disclosure under
22    Section 1A-16.7 of the Election Code.
23        (ii) Information which is exempted from disclosure
24    under Section 2505-800 of the Department of Revenue Law of
25    the Civil Administrative Code of Illinois.
26        (jj) Information and reports that are required to be
		SB0340 Engrossed	- 64 -	LRB104 06459 JRC 16495 b
1    submitted to the Department of Labor by registering day
2    and temporary labor service agencies but are exempt from
3    disclosure under subsection (a-1) of Section 45 of the Day
4    and Temporary Labor Services Act.
5        (kk) Information prohibited from disclosure under the
6    Seizure and Forfeiture Reporting Act.
7        (ll) Information the disclosure of which is restricted
8    and exempted under Section 5-30.8 of the Illinois Public
9    Aid Code.
10        (mm) Records that are exempt from disclosure under
11    Section 4.2 of the Crime Victims Compensation Act.
12        (nn) Information that is exempt from disclosure under
13    Section 70 of the Higher Education Student Assistance Act.
14        (oo) Communications, notes, records, and reports
15    arising out of a peer support counseling session
16    prohibited from disclosure under the First Responders
17    Suicide Prevention Act.
18        (pp) Names and all identifying information relating to
19    an employee of an emergency services provider or law
20    enforcement agency under the First Responders Suicide
21    Prevention Act.
22        (qq) Information and records held by the Department of
23    Public Health and its authorized representatives collected
24    under the Reproductive Health Act.
25        (rr) Information that is exempt from disclosure under
26    the Cannabis Regulation and Tax Act.
		SB0340 Engrossed	- 65 -	LRB104 06459 JRC 16495 b
1        (ss) Data reported by an employer to the Department of
2    Human Rights pursuant to Section 2-108 of the Illinois
3    Human Rights Act.
4        (tt) Recordings made under the Children's Advocacy
5    Center Act, except to the extent authorized under that
6    Act.
7        (uu) Information that is exempt from disclosure under
8    Section 50 of the Sexual Assault Evidence Submission Act.
9        (vv) Information that is exempt from disclosure under
10    subsections (f) and (j) of Section 5-36 of the Illinois
11    Public Aid Code.
12        (ww) Information that is exempt from disclosure under
13    Section 16.8 of the State Treasurer Act.
14        (xx) Information that is exempt from disclosure or
15    information that shall not be made public under the
16    Illinois Insurance Code.
17        (yy) Information prohibited from being disclosed under
18    the Illinois Educational Labor Relations Act.
19        (zz) Information prohibited from being disclosed under
20    the Illinois Public Labor Relations Act.
21        (aaa) Information prohibited from being disclosed
22    under Section 1-167 of the Illinois Pension Code.
23        (bbb) Information that is prohibited from disclosure
24    by the Illinois Police Training Act and the Illinois State
25    Police Act.
26        (ccc) Records exempt from disclosure under Section
		SB0340 Engrossed	- 66 -	LRB104 06459 JRC 16495 b
1    2605-304 of the Illinois State Police Law of the Civil
2    Administrative Code of Illinois.
3        (ddd) Information prohibited from being disclosed
4    under Section 35 of the Address Confidentiality for
5    Victims of Domestic Violence, Sexual Assault, Human
6    Trafficking, or Stalking Act.
7        (eee) Information prohibited from being disclosed
8    under subsection (b) of Section 75 of the Domestic
9    Violence Fatality Review Act.
10        (fff) Images from cameras under the Expressway Camera
11    Act and all automated license plate reader (ALPR)
12    information used and collected by the Illinois State
13    Police. "ALPR information" means information gathered by
14    an ALPR or created from the analysis of data generated by
15    an ALPR. This subsection (fff) is inoperative on and after
16    July 1, 2028.
17        (ggg) Information prohibited from disclosure under
18    paragraph (3) of subsection (a) of Section 14 of the Nurse
19    Agency Licensing Act.
20        (hhh) Information submitted to the Illinois State
21    Police in an affidavit or application for an assault
22    weapon endorsement, assault weapon attachment endorsement,
23    .50 caliber rifle endorsement, or .50 caliber cartridge
24    endorsement under the Firearm Owners Identification Card
25    Act.
26        (iii) Data exempt from disclosure under Section 50 of
		SB0340 Engrossed	- 67 -	LRB104 06459 JRC 16495 b
1    the School Safety Drill Act.
2        (jjj) Information exempt from disclosure under Section
3    30 of the Insurance Data Security Law.
4        (kkk) Confidential business information prohibited
5    from disclosure under Section 45 of the Paint Stewardship
6    Act.
7        (lll) Data exempt from disclosure under Section
8    2-3.196 of the School Code.
9        (mmm) Information prohibited from being disclosed
10    under subsection (e) of Section 1-129 of the Illinois
11    Power Agency Act.
12        (nnn) Materials received by the Department of Commerce
13    and Economic Opportunity that are confidential under the
14    Music and Musicians Tax Credit and Jobs Act.
15        (ooo) Data or information provided pursuant to Section
16    20 of the Statewide Recycling Needs and Assessment Act.
17        (ppp) Information that is exempt from disclosure under
18    Section 28-11 of the Lawful Health Care Activity Act.
19        (qqq) Information that is exempt from disclosure under
20    Section 7-101 of the Illinois Human Rights Act.
21        (rrr) Information prohibited from being disclosed
22    under Section 4-2 of the Uniform Money Transmission
23    Modernization Act.
24        (sss) Information exempt from disclosure under Section
25    40 of the Student-Athlete Endorsement Rights Act.
26        (ttt) Audio recordings made under Section 30 of the
		SB0340 Engrossed	- 68 -	LRB104 06459 JRC 16495 b
1    Illinois State Police Act, except to the extent authorized
2    under that Section.
3        (uuu) Information prohibited from being disclosed
4    under Section 30-5 of the Digital Assets Regulation Act.
5        (www) Data privacy and protection assessments made
6    available to the Attorney General under Section 18 of the
7    Illinois Consumer Data Privacy Act.
8(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
9103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
108-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
11eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
12103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
138-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
14eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
15104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-457, eff.
166-1-26; revised 1-7-26.)
17    (Text of Section after amendment by P.A. 104-441)
18    Sec. 7.5. Statutory exemptions. To the extent provided for
19by the statutes referenced below, the following shall be
20exempt from inspection and copying:
21        (a) All information determined to be confidential
22    under Section 4002 of the Technology Advancement and
23    Development Act.
24        (b) Library circulation and order records identifying
25    library users with specific materials under the Library
		SB0340 Engrossed	- 69 -	LRB104 06459 JRC 16495 b
1    Records Confidentiality Act.
2        (c) Applications, related documents, and medical
3    records received by the Experimental Organ Transplantation
4    Procedures Board and any and all documents or other
5    records prepared by the Experimental Organ Transplantation
6    Procedures Board or its staff relating to applications it
7    has received.
8        (d) Information and records held by the Department of
9    Public Health and its authorized representatives relating
10    to known or suspected cases of sexually transmitted
11    infection or any information the disclosure of which is
12    restricted under the Illinois Sexually Transmitted
13    Infection Control Act.
14        (e) Information the disclosure of which is exempted
15    under Section 30 of the Radon Industry Licensing Act.
16        (f) Firm performance evaluations under Section 55 of
17    the Architectural, Engineering, and Land Surveying
18    Qualifications Based Selection Act.
19        (g) Information the disclosure of which is restricted
20    and exempted under Section 50 of the Illinois Prepaid
21    Tuition Act.
22        (h) Information the disclosure of which is exempted
23    under the State Officials and Employees Ethics Act, and
24    records of any lawfully created State or local inspector
25    general's office that would be exempt if created or
26    obtained by an Executive Inspector General's office under
		SB0340 Engrossed	- 70 -	LRB104 06459 JRC 16495 b
1    that Act.
2        (i) Information contained in a local emergency energy
3    plan submitted to a municipality in accordance with a
4    local emergency energy plan ordinance that is adopted
5    under Section 11-21.5-5 of the Illinois Municipal Code.
6        (j) Information and data concerning the distribution
7    of surcharge moneys collected and remitted by carriers
8    under the Emergency Telephone System Act.
9        (k) Law enforcement officer identification information
10    or driver identification information compiled by a law
11    enforcement agency or the Department of Transportation
12    under Section 11-212 of the Illinois Vehicle Code.
13        (l) Records and information provided to a residential
14    health care facility resident sexual assault and death
15    review team or the Executive Council under the Abuse
16    Prevention Review Team Act.
17        (m) Information provided to the predatory lending
18    database created pursuant to Article 3 of the Residential
19    Real Property Disclosure Act, except to the extent
20    authorized under that Article.
21        (n) Defense budgets and petitions for certification of
22    compensation and expenses for court appointed trial
23    counsel as provided under Sections 10 and 15 of the
24    Capital Crimes Litigation Act (repealed). This subsection
25    (n) shall apply until the conclusion of the trial of the
26    case, even if the prosecution chooses not to pursue the
		SB0340 Engrossed	- 71 -	LRB104 06459 JRC 16495 b
1    death penalty prior to trial or sentencing.
2        (o) Information that is prohibited from being
3    disclosed under Section 4 of the Illinois Health and
4    Hazardous Substances Registry Act.
5        (p) Security portions of system safety program plans,
6    investigation reports, surveys, schedules, lists, data, or
7    information compiled, collected, or prepared by or for the
8    Department of Transportation under Sections 2705-300 and
9    2705-616 of the Department of Transportation Law of the
10    Civil Administrative Code of Illinois, the Northern
11    Illinois Transit Authority under Section 2.11 of the
12    Northern Illinois Transit Authority Act, or the St. Clair
13    County Transit District under the Bi-State Transit Safety
14    Act (repealed).
15        (q) Information prohibited from being disclosed by the
16    Personnel Record Review Act.
17        (r) Information prohibited from being disclosed by the
18    Illinois School Student Records Act.
19        (s) Information the disclosure of which is restricted
20    under Section 5-108 of the Public Utilities Act.
21        (t) (Blank).
22        (u) Records and information provided to an independent
23    team of experts under the Developmental Disability and
24    Mental Health Safety Act (also known as Brian's Law).
25        (v) Names and information of people who have applied
26    for or received Firearm Owner's Identification Cards under
		SB0340 Engrossed	- 72 -	LRB104 06459 JRC 16495 b
1    the Firearm Owners Identification Card Act or applied for
2    or received a concealed carry license under the Firearm
3    Concealed Carry Act, unless otherwise authorized by the
4    Firearm Concealed Carry Act; and databases under the
5    Firearm Concealed Carry Act, records of the Concealed
6    Carry Licensing Review Board under the Firearm Concealed
7    Carry Act, and law enforcement agency objections under the
8    Firearm Concealed Carry Act.
9        (v-5) Records of the Firearm Owner's Identification
10    Card Review Board that are exempted from disclosure under
11    Section 10 of the Firearm Owners Identification Card Act.
12        (w) Personally identifiable information which is
13    exempted from disclosure under subsection (g) of Section
14    19.1 of the Toll Highway Act.
15        (x) Information which is exempted from disclosure
16    under Section 5-1014.3 of the Counties Code or Section
17    8-11-21 of the Illinois Municipal Code.
18        (y) Confidential information under the Adult
19    Protective Services Act and its predecessor enabling
20    statute, the Elder Abuse and Neglect Act, including
21    information about the identity and administrative finding
22    against any caregiver of a verified and substantiated
23    decision of abuse, neglect, or financial exploitation of
24    an eligible adult maintained in the Registry established
25    under Section 7.5 of the Adult Protective Services Act.
26        (z) Records and information provided to a fatality
		SB0340 Engrossed	- 73 -	LRB104 06459 JRC 16495 b
1    review team or the Illinois Fatality Review Team Advisory
2    Council under Section 15 of the Adult Protective Services
3    Act.
4        (aa) Information which is exempted from disclosure
5    under Section 2.37 of the Wildlife Code.
6        (bb) Information which is or was prohibited from
7    disclosure by the Juvenile Court Act of 1987.
8        (cc) Recordings made under the Law Enforcement
9    Officer-Worn Body Camera Act, except to the extent
10    authorized under that Act.
11        (dd) Information that is prohibited from being
12    disclosed under Section 45 of the Condominium and Common
13    Interest Community Ombudsperson Act.
14        (ee) Information that is exempted from disclosure
15    under Section 30.1 of the Pharmacy Practice Act.
16        (ff) Information that is exempted from disclosure
17    under the Revised Uniform Unclaimed Property Act.
18        (gg) Information that is prohibited from being
19    disclosed under Section 7-603.5 of the Illinois Vehicle
20    Code.
21        (hh) Records that are exempt from disclosure under
22    Section 1A-16.7 of the Election Code.
23        (ii) Information which is exempted from disclosure
24    under Section 2505-800 of the Department of Revenue Law of
25    the Civil Administrative Code of Illinois.
26        (jj) Information and reports that are required to be
		SB0340 Engrossed	- 74 -	LRB104 06459 JRC 16495 b
1    submitted to the Department of Labor by registering day
2    and temporary labor service agencies but are exempt from
3    disclosure under subsection (a-1) of Section 45 of the Day
4    and Temporary Labor Services Act.
5        (kk) Information prohibited from disclosure under the
6    Seizure and Forfeiture Reporting Act.
7        (ll) Information the disclosure of which is restricted
8    and exempted under Section 5-30.8 of the Illinois Public
9    Aid Code.
10        (mm) Records that are exempt from disclosure under
11    Section 4.2 of the Crime Victims Compensation Act.
12        (nn) Information that is exempt from disclosure under
13    Section 70 of the Higher Education Student Assistance Act.
14        (oo) Communications, notes, records, and reports
15    arising out of a peer support counseling session
16    prohibited from disclosure under the First Responders
17    Suicide Prevention Act.
18        (pp) Names and all identifying information relating to
19    an employee of an emergency services provider or law
20    enforcement agency under the First Responders Suicide
21    Prevention Act.
22        (qq) Information and records held by the Department of
23    Public Health and its authorized representatives collected
24    under the Reproductive Health Act.
25        (rr) Information that is exempt from disclosure under
26    the Cannabis Regulation and Tax Act.
		SB0340 Engrossed	- 75 -	LRB104 06459 JRC 16495 b
1        (ss) Data reported by an employer to the Department of
2    Human Rights pursuant to Section 2-108 of the Illinois
3    Human Rights Act.
4        (tt) Recordings made under the Children's Advocacy
5    Center Act, except to the extent authorized under that
6    Act.
7        (uu) Information that is exempt from disclosure under
8    Section 50 of the Sexual Assault Evidence Submission Act.
9        (vv) Information that is exempt from disclosure under
10    subsections (f) and (j) of Section 5-36 of the Illinois
11    Public Aid Code.
12        (ww) Information that is exempt from disclosure under
13    Section 16.8 of the State Treasurer Act.
14        (xx) Information that is exempt from disclosure or
15    information that shall not be made public under the
16    Illinois Insurance Code.
17        (yy) Information prohibited from being disclosed under
18    the Illinois Educational Labor Relations Act.
19        (zz) Information prohibited from being disclosed under
20    the Illinois Public Labor Relations Act.
21        (aaa) Information prohibited from being disclosed
22    under Section 1-167 of the Illinois Pension Code.
23        (bbb) Information that is prohibited from disclosure
24    by the Illinois Police Training Act and the Illinois State
25    Police Act.
26        (ccc) Records exempt from disclosure under Section
		SB0340 Engrossed	- 76 -	LRB104 06459 JRC 16495 b
1    2605-304 of the Illinois State Police Law of the Civil
2    Administrative Code of Illinois.
3        (ddd) Information prohibited from being disclosed
4    under Section 35 of the Address Confidentiality for
5    Victims of Domestic Violence, Sexual Assault, Human
6    Trafficking, or Stalking Act.
7        (eee) Information prohibited from being disclosed
8    under subsection (b) of Section 75 of the Domestic
9    Violence Fatality Review Act.
10        (fff) Images from cameras under the Expressway Camera
11    Act and all automated license plate reader (ALPR)
12    information used and collected by the Illinois State
13    Police. "ALPR information" means information gathered by
14    an ALPR or created from the analysis of data generated by
15    an ALPR. This subsection (fff) is inoperative on and after
16    July 1, 2028.
17        (ggg) Information prohibited from disclosure under
18    paragraph (3) of subsection (a) of Section 14 of the Nurse
19    Agency Licensing Act.
20        (hhh) Information submitted to the Illinois State
21    Police in an affidavit or application for an assault
22    weapon endorsement, assault weapon attachment endorsement,
23    .50 caliber rifle endorsement, or .50 caliber cartridge
24    endorsement under the Firearm Owners Identification Card
25    Act.
26        (iii) Data exempt from disclosure under Section 50 of
		SB0340 Engrossed	- 77 -	LRB104 06459 JRC 16495 b
1    the School Safety Drill Act.
2        (jjj) Information exempt from disclosure under Section
3    30 of the Insurance Data Security Law.
4        (kkk) Confidential business information prohibited
5    from disclosure under Section 45 of the Paint Stewardship
6    Act.
7        (lll) Data exempt from disclosure under Section
8    2-3.196 of the School Code.
9        (mmm) Information prohibited from being disclosed
10    under subsection (e) of Section 1-129 of the Illinois
11    Power Agency Act.
12        (nnn) Materials received by the Department of Commerce
13    and Economic Opportunity that are confidential under the
14    Music and Musicians Tax Credit and Jobs Act.
15        (ooo) Data or information provided pursuant to Section
16    20 of the Statewide Recycling Needs and Assessment Act.
17        (ppp) Information that is exempt from disclosure under
18    Section 28-11 of the Lawful Health Care Activity Act.
19        (qqq) Information that is exempt from disclosure under
20    Section 7-101 of the Illinois Human Rights Act.
21        (rrr) Information prohibited from being disclosed
22    under Section 4-2 of the Uniform Money Transmission
23    Modernization Act.
24        (sss) Information exempt from disclosure under Section
25    40 of the Student-Athlete Endorsement Rights Act.
26        (ttt) Audio recordings made under Section 30 of the
		SB0340 Engrossed	- 78 -	LRB104 06459 JRC 16495 b
1    Illinois State Police Act, except to the extent authorized
2    under that Section.
3        (uuu) Information prohibited from being disclosed
4    under Section 30-5 of the Digital Assets Regulation Act.
5        (vvv) (uuu) Information exempt from disclosure under
6    Section 70 of the End-of-Life Options for Terminally Ill
7    Patients Act.
8        (www) Data privacy and protection assessments made
9    available to the Attorney General under Section 18 of the
10    Illinois Consumer Data Privacy Act.
11(Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23;
12103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff.
138-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592,
14eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24;
15103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff.
168-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081,
17eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25;
18104-417, eff. 8-15-25; 104-428, eff. 8-18-25; 104-441, eff.
199-12-26; 104-457, eff. 6-1-26; revised 1-7-26.)
20    Section 905. The Consumer Fraud and Deceptive Business
21Practices Act is amended by adding Section 2MMMM as follows:
22    (815 ILCS 505/2MMMM new)
23    Sec. 2MMMM. Violations of the Illinois Consumer Data
24Privacy Act.
		SB0340 Engrossed	- 79 -	LRB104 06459 JRC 16495 b
1    (a) Any person who violates the Illinois Consumer Data
2Privacy Act commits an unlawful practice within the meaning of
3this Act.
4    (b) The provisions of Section 10a do not apply to a
5violation of this Section.
6    Section 995. No acceleration or delay. Where this Act
7makes changes in a statute that is represented in this Act by
8text that is not yet or no longer in effect (for example, a
9Section represented by multiple versions), the use of that
10text does not accelerate or delay the taking effect of (i) the
11changes made by this Act or (ii) provisions derived from any
12other Public Act.
13    Section 999. Effective date. This Act takes effect January
141, 2027.