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Full Text of HB5230
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HB5230 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5230
Introduced 2/10/2026, by Rep. Jaime M. Andrade, Jr.
SYNOPSIS AS INTRODUCED:
New Act
815 ILCS 505/2MMMM new
Creates the Social Media Data Clean Slate Act. A social media platform
shall provide a clear and conspicuous button that enables a user to delete
the user's account that satisfies specified requirements. Provides that
the social media platform shall, when the button is clicked, provide a user
with the steps necessary to complete an account deletion request, which
shall include deletion of the user's personal information. Sets forth
additional provisions concerning the account and personal information
deletion process. Provides that any waiver of the rights provided under
the Act shall be void and unenforceable. Provides that the Attorney
General shall adopt rules necessary to implement and enforce the Act.
Effective January 1, 2027.
LRB104 17776 SPS 31208 b
A BILL FOR
HB5230
LRB104 17776 SPS 31208 b
1
AN ACT concerning business.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
Social
5
Media Data Clean Slate Act.
6
Section 5.
Findings; declarations.
The General Assembly
7
finds and declares:
8
(a) Research demonstrates that adolescent individuals are
9
at greater risk of developing addictive disorders.
10
(b) Excessive use of digital and social media has a
11
documented connection to increases in suicide-related outcomes
12
in teenagers and children, such as suicidal ideation, plans,
13
and attempts.
14
(c) According to the University of Chicago, "First,
15
account deletion options vary considerably across platforms
16
and the language used to describe these options is not always
17
clear. Most platforms offer account deletion on desktop
18
browsers but not all allow account deletion from mobile apps
19
or browsers. Second, we found evidence of several dark
20
patterns present in the account deletion interfaces and
21
platform policies. Third, most participants had tried to
22
delete at least one social media account, yet over one-third
23
of deletion attempts were never completed."
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LRB104 17776 SPS 31208 b
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(d) Adolescents seeking to terminate an account that has
2
become a source of addiction should be able to terminate their
3
account without obstruction.
4
(e) Personal data generated by applications is valuable
5
not only to the companies that launch them, but also to the
6
users who are actively having their data mined and sold to
7
third parties. This generated data belongs to the user, and
8
when the user wants their account and data deleted, it should
9
be done quickly and conveniently.
10
(f) For these reasons, the General Assembly declares it
11
necessary in order to preserve the peace, welfare, and lives
12
of its residents to ensure a minimum level of customer service
13
when users wish to delete their accounts.
14
Section 10.
Definitions.
As used in this Act:
15
"Clear and conspicuous" has the meaning set forth in
16
Section 5 of the Automatic Contract Renewal Act.
17
"Dark pattern" means a user interface designed or
18
manipulated with the substantial effect of subverting or
19
impairing user autonomy, decision-making, or choice.
20
"Personal information" has the meaning set forth in
21
Section 5 of the Personal Information Protection Act.
22
"Social media platform" means a public or semi-public
23
Internet-based service or application that has users in this
24
State and that meets the following criteria:
25
(1) a substantial function of the service or
HB5230
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LRB104 17776 SPS 31208 b
1
application is to connect users in order to allow users to
2
interact socially with each other within the service or
3
application;
4
(2) the service or application allows users to do all
5
of the following:
6
(A) construct a public or semi-public profile for
7
purposes of signing into and using the service or
8
application;
9
(B) populate a list of other users with whom an
10
individual shares a social connection within the
11
system; and
12
(C) create or post content viewable by other
13
users, including, but not limited to, on message
14
boards, in chat rooms, or through a landing page or
15
main feed that presents the user with content
16
generated by other users; and
17
(3) the service or application generated more than
18
$100,000,000 in the preceding year in gross revenues.
19
For the purpose of this definition, a service or
20
application that provides email or direct messaging services
21
shall not be considered a "social media platform" on the basis
22
of that function alone.
23
Section 15.
User's right to delete accounts.
24
(a) A social media platform shall provide a clear and
25
conspicuous button that enables a user to delete the user's
HB5230
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LRB104 17776 SPS 31208 b
1
account that:
2
(1) is clearly and conspicuously placed as an
3
immediately visible option in the social media platform's
4
settings menu with the words "Delete Account"; and
5
(2) is located in a settings menu that is accessible
6
in the application, on a browser, or on any other format
7
that a user can use to access the social media platform.
8
(b) If a user clicks on the button required under
9
subsection (a), the social media platform shall, when the
10
button is clicked, provide a user with the steps necessary to
11
complete an account deletion request, which shall include
12
deletion of the user's personal information. If the social
13
media platform seeks verification of the request to delete the
14
account, that verification shall be done in a cost-effective
15
and easy-to-use manner when the request is submitted through
16
preestablished 2-factor authentication, email, text message,
17
telephone call, or message.
18
(c) A social media platform shall not obstruct or
19
interfere with a user's ability to delete the user's account,
20
including, but not limited to, by using dark patterns.
21
(d) A social media platform that receives a verifiable
22
user request from a user to delete the user's personal
23
information under subsection (a) shall delete the user's
24
personal information from its records, notify any service
25
providers or contractors to delete the user's personal
26
information from their records, and notify all third parties
HB5230
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LRB104 17776 SPS 31208 b
1
to whom the social media platform has sold or shared the
2
personal information to delete the user's personal information
3
unless this proves impossible or involves disproportionate
4
effort.
5
The social media platform may maintain a confidential
6
record of deletion requests solely for the purpose of
7
preventing the personal information of a user who has
8
submitted a deletion request from being sold, for compliance
9
with laws, or for other purposes, to the extent permissible
10
under this Act.
11
A service provider or contractor shall cooperate with the
12
social media platform in responding to a verifiable user
13
request, and at the direction of the social media platform,
14
shall delete, or enable the social media platform to delete
15
and shall notify any of its own service providers or
16
contractors to delete personal information about the user
17
collected, used, processed, or retained by the service
18
provider or the contractor. The service provider or contractor
19
shall notify any service providers, contractors, or third
20
parties who may have accessed personal information from or
21
through the service provider or contractor, unless the
22
information was accessed at the direction of the social media
23
platform, to delete the user's personal information unless
24
this proves impossible or involves disproportionate effort. A
25
service provider or contractor shall not be required to comply
26
with a deletion request submitted by the user directly to the
HB5230
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LRB104 17776 SPS 31208 b
1
service provider or contractor to the extent that the service
2
provider or contractor has collected, used, processed, or
3
retained the user's personal information in its role as a
4
service provider or contractor to the social media platform.
5
A business, or a service provider or contractor acting in
6
accordance with its contract with the social media platform,
7
another service provider, or another contractor, shall not be
8
required to comply with a user's request to delete the user's
9
personal information if it is reasonably necessary for the
10
social media platform, service provider, or contractor to
11
maintain the user's personal information in order to:
12
(1) complete the transaction for which the personal
13
information was collected, fulfill the terms of a written
14
warranty or product recall conducted in accordance with
15
federal law, provide a good or service requested by the
16
user, or reasonably anticipated by the user within the
17
context of a social media platform's ongoing business
18
relationship with the user, or otherwise perform a
19
contract between the social media platform and the user;
20
(2) help to ensure security and integrity to the
21
extent the use of the user's personal information is
22
reasonably necessary and proportionate for those purposes;
23
(3) debug to identify and repair errors that impair
24
existing intended functionality;
25
(4) exercise free speech, ensure the right of another
26
user to exercise that user's right of free speech, or
HB5230
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1
exercise another right provided for by law;
2
(5) comply with the Protecting Household Privacy Act;
3
(6) engage in public or peer-reviewed scientific,
4
historical, or statistical research that conforms or
5
adheres to all other applicable ethics and privacy laws,
6
when the social media platform's deletion of the
7
information is likely to render impossible or seriously
8
impair the ability to complete the research, if the user
9
has provided informed consent;
10
(7) enable solely internal uses that are reasonably
11
aligned with the expectations of the user based on the
12
user's relationship with the social media platform and
13
compatible with the context in which the user provided the
14
information; or
15
(8) comply with a legal obligation.
16
(e) A user login to an account for which a request under
17
subsection (b) has been submitted shall not, by itself, revoke
18
that request.
19
(f) Any waiver of the rights provided under this Act shall
20
be void and unenforceable as contrary to public policy.
21
Section 20.
Enforcement.
A violation of this Act
22
constitutes an unlawful practice under the Consumer Fraud and
23
Deceptive Business Practices Act. All remedies, penalties, and
24
authority granted to the Attorney General by the Consumer
25
Fraud and Deceptive Business Practices Act shall be available
HB5230
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LRB104 17776 SPS 31208 b
1
to the Attorney General for the enforcement of this Act.
2
Section 25.
Relationship with other laws.
Nothing in this
3
Act, including the enforcement authority granted to the
4
Attorney General, preempts or otherwise affects any other
5
right, claim, remedy, presumption, or defense available at law
6
or in equity.
7
Section 30.
Rulemaking.
The Attorney General shall adopt
8
rules necessary to implement and enforce this Act.
9
Section 35.
The Consumer Fraud and Deceptive Business
10
Practices Act is amended by adding Section 2MMMM as follows:
11
(815 ILCS 505/2MMMM new)
12
Sec. 2MMMM.
Violations of the Social Media Data Clean
13
Slate Act.
A person who violates the Social Media Data Clean
14
Slate Act commits an unlawful practice within the meaning of
15
this Act.
16
Section 97.
Severability.
The provisions of this Act are
17
severable under Section 1.31 of the Statute on Statutes.
18
Section 99.
Effective date.
This Act takes effect January
19
1, 2027.
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