summary
Introduced
02/02/2024
02/02/2024
In Committee
02/02/2024
02/02/2024
Crossed Over
Passed
Dead
01/08/2025
01/08/2025
Introduced Session
103rd General Assembly
Bill Summary
Creates the Protect Health Data Privacy Act. Provides that a regulated entity shall disclose and maintain a health data privacy policy that clearly and conspicuously discloses specified information. Sets forth provisions concerning health data privacy policies. Provides that a regulated entity shall not collect, share, or store health data, except in specified circumstances. Provides that it is unlawful for any person to sell or offer to sell health data concerning a consumer without first obtaining valid authorization from the consumer. Provides that a valid authorization to sell consumer health data must contain specified information; a copy of the signed valid authorization must be provided to the consumer; and the seller and purchaser of health data must retain a copy of all valid authorizations for sale of health data for 6 years after the date of its signature or the date when it was last in effect, whichever is later. Sets forth provisions concerning the consent required for collection, sharing, and storage of health data. Provides that a consumer has the right to withdraw consent from the collection, sharing, sale, or storage of the consumer's health data. Provides that it is unlawful for a regulated entity to engage in discriminatory practices against consumers solely because they have not provided consent to the collection, sharing, sale, or storage of their health data or have exercised any other rights provided by the provisions or guaranteed by law. Sets forth provisions concerning a consumer's right to confirm whether a regulated entity is collecting, selling, sharing, or storing any of the consumer's health data; a consumer's right to have the consumer's health data that is collected by a regulated entity deleted; prohibitions regarding geofencing; and consumer health data security. Provides that any person aggrieved by a violation of the provisions shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an offending party. Provides that the Attorney General may enforce a violation of the provisions as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Defines terms. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.
AI Summary
This bill creates the Protect Health Data Privacy Act, which regulates the collection, sharing, sale, and storage of health data by "regulated entities" (generally businesses that handle health data). The key provisions include:
- Requiring regulated entities to disclose and maintain a clear health data privacy policy that explains their practices around health data.
- Prohibiting the collection, sharing, or storage of health data without consumer consent, except as strictly necessary to provide a requested product or service.
- Prohibiting the sale of health data without obtaining valid written authorization from the consumer that includes specific disclosures.
- Granting consumers the right to withdraw consent for the collection, sharing, sale, or storage of their health data.
- Prohibiting regulated entities from discriminating against consumers who do not provide consent or exercise their rights under the Act.
- Granting consumers the right to confirm whether their health data is being collected, shared, sold, or stored, and the right to have their health data deleted.
- Establishing security and data minimization requirements for regulated entities.
- Prohibiting the use of "geofencing" technology around health service providers.
- Providing for a private right of action and enforcement by the Attorney General.
The Act is intended to protect the privacy of consumer health data in Illinois.
Sponsors (1)
Last Action
Session Sine Die (on 01/07/2025)
Bill Topics
Banking, Finance, and Domestic Commerce
- ‐ Consumer Safety and Consumer Fraud
Civil Rights, Minority Issues, and Civil Liberties
- ‐ Right to Privacy and Access to Government Information
Health
- ‐ General Health
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3080&GAID=17&DocTypeID=SB&SessionID=112&GA=103 | 02/02/2024 |
| BillText | https://www.ilga.gov/legislation/103/SB/10300SB3080.htm | 02/02/2024 |
Loading...