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IL HB3712

IL HB3712
PRIVACY PROTECTION-LOCATION


summary

Introduced
02/07/2025
In Committee
04/11/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Creates the Privacy Protections for Location Information Derived from Electronic Devices Act. Makes it unlawful for a covered entity to collect or process an individual's location information except for a permissible purpose. Provides that before collecting or processing an individual's location information for one of those permissible purposes, a covered entity shall provide the individual with a copy of the location privacy policy and obtain consent from that individual Authorizes a civil action in which if the plaintiff prevails, the court may award (1) actual damages including damages for emotional distress, or $5,000 per violation, whichever is greater; (2) punitive damages; and (3) any other relief. Provides that in addition to any relief awarded, the court shall award reasonable attorney's fees and costs to any prevailing plaintiff. Defines terms. Makes other changes.

AI Summary

This bill, known as the Privacy Protections for Location Information Derived from Electronic Devices Act, establishes comprehensive protections for individuals' location data in Illinois. The legislation makes it unlawful for covered entities (which include businesses and organizations, but not government agencies) to collect or process an individual's location information without obtaining explicit, informed consent and providing a clear location privacy policy. Before collecting location data, entities must explain their purposes and get specific opt-in consent, with exceptions only for emergency situations or legal compliance. The bill requires entities to collect only necessary location information, prohibits selling or misusing such data, and mandates permanent destruction of location information after consent expires or the original purpose is fulfilled. Individuals are protected from retaliation if they refuse to share location data, and the law provides robust enforcement mechanisms, including the right to file civil lawsuits. If a plaintiff prevails in court, they can receive actual damages (up to $5,000 per violation), punitive damages, and attorney's fees. The bill's intent is specifically to protect reproductive health access, LGBTQ safety, religious liberty, and freedom of movement, with special provisions to prevent location data from being used to track individuals seeking sensitive health services.

Committee Categories

Justice

Sponsors (3)

Last Action

Rule 19(a) / Re-referred to Rules Committee (on 04/11/2025)

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