CONSUMER DATA PRIVACY

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SB2875 - 104th General Assembly

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Senate Amendment 001

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2875

Introduced 1/16/2026, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

New Act

Creates the Illinois Consumer Data Privacy Act. Applies to legal
entities that conduct business in Illinois or produce products or services
that are targeted to Illinois residents and that satisfy one or more of the
following thresholds: during a calendar year, controls or processes
personal data of 100,000 consumers or more, excluding personal data
controlled or processed solely for the purpose of completing a payment
transaction; or derives over 25% of gross revenue from the sale of personal
data and processes or controls personal data of 25,000 consumers or more.
"Personal data" means any information that is linked or reasonably
linkable to an identified or identifiable natural person but does not
include deidentified data or publicly available information. Requires a
controller who, alone or jointly with others, to consider the purposes and
means of the processing of personal data in protecting the security of
consumers while processing personal data and in notifying consumers of a
breach of the security of the system. Authorizes rights to consumers under
the Act to include, but not be limited to, the right to access their
personal data, obtain a list of third parties to whom their data has been
disclosed, request corrections to inaccurate data, and question the
profiling of their information. Creates an appeal process for a consumer
to gather more information on the actions of a covered entity. Exempts the
State, a political subdivision of the State, and units of local
government, a federally recognized Indian tribe, nonprofits established to
prevent insurance fraud, and data already covered by federal law.
Authorizes the Attorney General to enforce the Act. Makes definitions.
Makes other changes. Limits the concurrent exercise of home rule powers.
Contains a severability provision.
LRB104 17139 JRC 30558 b

A BILL FOR

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LRB104 17139 JRC 30558 b
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AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 10.
Short title.
This Act may be cited as the
5
Illinois Consumer Data Privacy Act.

6

Section 11.
Definitions.
As used in this Act:
7

(a) "Affiliate" means a legal entity that controls, is
8
controlled by, or is under common control with another legal
9
entity. As used in this definition, "control" or "controlled"
10
means: ownership of or the power to vote more than 50% of the
11
outstanding shares of any class of voting security of a
12
company; control in any manner over the election of a majority
13
of the directors or of individuals exercising similar
14
functions; or the power to exercise a controlling influence
15
over the management of a company.
16

(b) "Authenticate" means to use reasonable means to
17
determine that a request to exercise any of the rights under
18
Section 14, subsection (1), paragraphs (b) to (h), is being
19
made by or rightfully on behalf of the consumer who is entitled
20
to exercise the rights with respect to the personal data at
21
issue.
22

(c) "Biometric data" means data generated by automatic
23
measurements of an individual's biological characteristics,

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including a fingerprint, a voiceprint, eye retinas, irises, or
2
other unique biological patterns or characteristics that are
3
used to identify a specific individual. Biometric data does
4
not include:
5

(1) a digital or physical photograph;
6

(2) an audio or video recording; or
7

(3) any data generated from a digital or physical
8

photograph, or an audio or video recording, unless the
9

data is generated to identify a specific individual.
10

(d) "Child" has the meaning given in United States Code,
11
Title 15, Section 6501.
12

(e) "Consent" means any freely given, specific, informed,
13
and unambiguous indication of the consumer's wishes by which
14
the consumer signifies agreement to the processing of personal
15
data relating to the consumer. Acceptance of general or broad
16
terms of use or similar document that contains descriptions of
17
personal data processing along with other, unrelated
18
information does not constitute consent. Hovering over,
19
muting, pausing, or closing a given piece of content does not
20
constitute consent. A consent is not valid when the consumer's
21
indication has been obtained by a dark pattern. A consumer may
22
revoke consent previously given consistent with this Act.
23

(f) "Consumer" means a natural person who is an Illinois
24
resident acting only in an individual or household context.
25
Consumer does not include a natural person acting in a
26
commercial or employment context.

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(g) "Controller" means the natural or legal person who,
2
alone or jointly with others, determines the purposes and
3
means of the processing of personal data.
4

(h) "Decisions that produce legal or similarly significant
5
effects concerning the consumer" means decisions made by the
6
controller that result in the provision or denial by the
7
controller of financial or lending services, housing,
8
insurance, education enrollment or opportunity, criminal
9
justice, employment opportunities, health care services, or
10
access to essential goods or services.
11

(i) "Dark pattern" means a user interface designed or
12
manipulated with the substantial effect of subverting or
13
impairing user autonomy, decision making, or choice.
14

(j) "Deidentified data" means data that cannot reasonably
15
be used to infer information about or otherwise be linked to an
16
identified or identifiable natural person or a device linked
17
to an identified or identifiable natural person, provided that
18
the controller that possesses the data:
19

(1) takes reasonable measures to ensure that the data
20

cannot be associated with a natural person;
21

(2) publicly commits to process the data only in a
22

deidentified fashion and not attempt to reidentify the
23

data; and
24

(3) contractually obligates any recipients of the
25

information to comply with all provisions of this
26

definition.

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(k) "Delete" means to remove or destroy information so
2
that it is not maintained in human- or machine-readable form
3
and cannot be retrieved or used in the ordinary course of
4
business.
5

(l) "Genetic information" means information about an
6
identifiable individual derived from the presence, absence,
7
alteration, or mutation of a gene, or the presence or absence
8
of a specific DNA or RNA marker, which has been obtained from
9
an analysis of:
10

(1) the individual's biological information or
11

specimen; or
12

(2) the biological information or specimen of a person
13

to whom the individual is related.
14

"Genetic information" also means medical or biological
15
information collected from an individual about a particular
16
genetic condition that is or might be used to provide medical
17
care to that individual or the individual's family members.
18

(m) "Identified or identifiable natural person" means a
19
person who can be readily identified, directly or indirectly.
20

(n) "Known child" means a person under circumstances in
21
which a controller has actual knowledge of, or willfully
22
disregards, that the person is under 13 years of age.
23

(o) "Personal data" means any information that is linked
24
or reasonably linkable to an identified or identifiable
25
natural person. Personal data does not include deidentified
26
data or publicly available information. As used in this

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definition, "publicly available information" means information
2
that (1) is lawfully made available from federal, state, or
3
local government records or widely distributed media; or (2) a
4
controller has a reasonable basis to believe has lawfully been
5
made available to the general public.
6

(p) "Process" or "processing" means any operation or set
7
of operations that are performed on personal data or on sets of
8
personal data, whether or not by automated means, including,
9
but not limited to, the collection, use, storage, disclosure,
10
analysis, deletion, or modification of personal data.
11

(q) "Processor" means a natural or legal person who
12
processes personal data on behalf of a controller.
13

(r) "Profiling" means any form of automated processing of
14
personal data to evaluate, analyze, or predict personal
15
aspects related to an identified or identifiable natural
16
person's economic situation, health, personal preferences,
17
interests, reliability, behavior, location, or movements.
18

(s) "Pseudonymous data" means personal data that cannot be
19
attributed to a specific natural person without the use of
20
additional information, provided that the additional
21
information is kept separately and is subject to appropriate
22
technical and organizational measures to ensure that the
23
personal data are not attributed to an identified or
24
identifiable natural person.
25

(t) "Sale", "sell", or "sold" means the exchange of
26
personal data for monetary or other valuable consideration by

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the controller to a third party. "Sale" does not include the
2
following:
3

(1) the disclosure of personal data to a processor who
4

processes the personal data on behalf of the controller;
5

(2) the disclosure of personal data to a third party
6

for purposes of providing a product or service requested
7

by the consumer;
8

(3) the disclosure or transfer of personal data to an
9

affiliate of the controller;
10

(4) the disclosure of information that the consumer
11

intentionally made available to the general public via a
12

channel of mass media and did not restrict to a specific
13

audience;
14

(5) the disclosure or transfer of personal data to a
15

third party as an asset that is part of a completed or
16

proposed merger, acquisition, bankruptcy, or other
17

transaction in which the third party assumes control of
18

all or part of the controller's assets; or
19

(6) the exchange of personal data between the producer
20

of a good or service and authorized agents of the producer
21

who sell and service the goods and services to enable the
22

cooperative provisioning of goods and services by both the
23

producer and the producer's agents.
24

(u) "Sensitive data" is a form of personal data.
25
"Sensitive data" means:
26

(1) personal data revealing racial or ethnic origin,

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religious beliefs, mental or physical health condition or
2

diagnosis, sexual orientation, or citizenship or
3

immigration status;
4

(2) the processing of biometric data or genetic
5

information for the purpose of uniquely identifying an
6

individual;
7

(3) the personal data of a known child; or
8

(4) specific geolocation data.
9

(v) "Specific geolocation data" means information derived
10
from technology, including, but not limited to, global
11
positioning system level latitude and longitude coordinates or
12
other mechanisms that directly identifies the geographic
13
coordinates of a consumer or a device linked to a consumer with
14
an accuracy of more than 3 decimal degrees of latitude and
15
longitude or the equivalent in an alternative geographic
16
coordinate system or a street address derived from the
17
coordinates. Specific geolocation data does not include the
18
content of communications, the contents of databases
19
containing street address information that are accessible to
20
the public as authorized by law, or any data generated by or
21
connected to advanced utility metering infrastructure systems
22
or other equipment for use by a public utility.
23

(w) "Targeted advertising" means displaying advertisements
24
to a consumer in which the advertisement is selected based on
25
personal data obtained or inferred from the consumer's
26
activities over time and across nonaffiliated websites or

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online applications to predict the consumer's preferences or
2
interests. Targeted advertising does not include:
3

(1) advertising based on activities within a
4

controller's own websites or online applications;
5

(2) advertising based on the context of a consumer's
6

current search query or visit to a website or online
7

application;
8

(3) advertising to a consumer in response to the
9

consumer's request for information or feedback; or
10

(4) processing personal data solely for measuring or
11

reporting advertising performance, reach, or frequency.
12

"Technology provider" means a person who:
13

(1) contracts with a public educational agency or
14

institution, as part of a one-to-one program or otherwise,
15

to provide a school-issued device for student use; and
16

(2) creates, receives, or maintains educational data
17

pursuant or incidental to a contract with a public
18

educational agency or institution.
19

(x) "Third party" means a natural or legal person, public
20
authority, agency, or body other than the consumer,
21
controller, processor, or an affiliate of the processor or the
22
controller.
23

(y) "Trade secret" means information, including a formula,
24
pattern, compilation, program, device, method, technique, or
25
process, that:
26

(1) derives independent economic value, actual or

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potential, from not being generally known to, and not
2

being readily ascertainable by proper means by, other
3

persons who can obtain economic value from its disclosure
4

or use, and
5

(2) is the subject of efforts that are reasonable
6

under the circumstances to maintain its secrecy.
7

The existence of a trade secret is not negated merely
8
because an employee or other person has acquired the trade
9
secret without express or specific notice that it is a trade
10
secret if, under all the circumstances, the employee or other
11
person knows or has reason to know that the owner intends or
12
expects the secrecy of the type of information comprising the
13
trade secret to be maintained.

14

Section 12.
Scope; exclusions.
15

(a)(1) Scope. This Act applies to legal entities that
16
conduct business in Illinois or produce products or services
17
that are targeted to Illinois residents, and that satisfy one
18
or more of the following thresholds:
19

(A) during a calendar year, controls or processes
20

personal data of 100,000 consumers or more, excluding
21

personal data controlled or processed solely for the
22

purpose of completing a payment transaction; or
23

(B) derives over 25% of gross revenue from the sale of
24

personal data and processes or controls personal data of
25

25,000 consumers or more.

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(2) A controller or processor shall comply with the
2
Student Online Personal Protection Act, except that when the
3
provisions of that Act conflict with this Act, the Consumer
4
Data Privacy Act prevails.
5

(b) Exclusions. The provisions of this Act do not apply to
6
the following entities, activities, or types of information:
7

(1) the State, a political subdivision of the State,
8

and units of local government;
9

(2) a federally recognized Indian tribe;
10

(3) information that meets the definition of:
11

(A) protected health information, as defined by
12

and for purposes of the Health Insurance Portability
13

and Accountability Act of 1996, Public Law 104-191,
14

and related regulations;
15

(B) health records, that includes, but is not
16

limited to, any information, whether oral or recorded
17

in any form or medium, that relates to the past,
18

present, or future physical or mental health or
19

condition of a patient; the provision of health care
20

to a patient; or the past, present, or future payment
21

for the provision of health care to a patient;
22

(C) patient identifying information for purposes
23

of Code of Federal Regulations, Title 42, Part 2,
24

established pursuant to the United States Code, Title
25

42, Section 290dd-2;
26

(D) identifiable private information for purposes

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of the federal policy for the protection of human
2

subjects, the Code of Federal Regulations, Title 45,
3

Part 46; identifiable private information that is
4

otherwise information collected as part of human
5

subjects research under the good clinical practice
6

guidelines issued by the International Council for
7

Harmonisation; the protection of human subjects under
8

the Code of Federal Regulations, Title 21, Parts 50
9

and 56; or personal data used or shared in research
10

conducted in accordance with one or more of the
11

requirements set forth in this paragraph;
12

(E) information and documents created for purposes
13

of the federal Health Care Quality Improvement Act of
14

1986, Public Law 99-660, and related regulations; or
15

(F) patient safety work product for purposes of
16

Code of Federal Regulations, Title 42, Part 3,
17

established under the United States Code, Title 42,
18

Sections 299b-21 to 299b-26;
19

(4) information that is derived from any of the health
20

care-related information listed in clause (3), but that
21

has been deidentified in accordance with the requirements
22

for deidentification set forth in the Code of Federal
23

Regulations, Title 45, Part 164;
24

(5) information originating from, and intermingled to
25

be indistinguishable with, any of the health care-related
26

information listed in clause (3) that is maintained by:

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(A) a covered entity or business associate, as
2

defined by the Health Insurance Portability and
3

Accountability Act of 1996, Public Law 104-191, and
4

related regulations;
5

(B) a health care provider, to include, but not be
6

limited to, any public or private facility that
7

provides, on an inpatient or outpatient basis,
8

preventive, diagnostic, therapeutic, convalescent,
9

rehabilitation, mental health, or intellectual
10

disability services, including general or special
11

hospitals, skilled nursing homes, extended care
12

facilities, intermediate care facilities and mental
13

health centers; or
14

(C) a program or a qualified service organization,
15

as defined by Code of Federal Regulations, Title 42,
16

Part 2, established pursuant to United States Code,
17

Title 42, Section 290dd-2;
18

(6) information that is:
19

(A) maintained by an entity that meets the
20

definition of health care provider under the Code of
21

Federal Regulations, Title 45, Section 160.103, to the
22

extent that the entity maintains the information in
23

the manner required of covered entities with respect
24

to protected health information for purposes of the
25

Health Insurance Portability and Accountability Act of
26

1996, Public Law 104-191, and related regulations;

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(B) included in a limited data set, as described
2

under the Code of Federal Regulations, Title 45, Part
3

164.514(e), to the extent that the information is
4

used, disclosed, and maintained in the manner
5

specified by that part;
6

(C) maintained by, or maintained to comply with
7

the rules or orders of, a self-regulatory organization
8

as defined by the United States Code, Title 15,
9

Section 78c(a)(26);
10

(D) originated from, or intermingled with,
11

information described in clause (9) and that a
12

residential mortgage originator or residential
13

mortgage servicer regulated under the Residential
14

Mortgage License Act of 1987 collects, processes,
15

uses, or maintains in the same manner as required
16

under the laws and regulations specified in clause
17

(9); or
18

(E) originated from, or intermingled with,
19

information described in clause (9) and that a nonbank
20

financial institution collects, processes, uses, or
21

maintains in the same manner as required under the
22

laws and regulations specified in clause (9);
23

(7) information used only for public health activities
24

and purposes, as described under the Code of Federal
25

Regulations, Title 45, Part 164.512;
26

(8) an activity involving the collection, maintenance,

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1

disclosure, sale, communication, or use of any personal
2

data bearing on a consumer's credit worthiness, credit
3

standing, credit capacity, character, general reputation,
4

personal characteristics, or mode of living by a consumer
5

reporting agency, as defined in the United States Code,
6

Title 15, Section 1681a(f), by a furnisher of information,
7

as set forth in the United States Code, Title 15, Section
8

1681s-2, who provides information for use in a consumer
9

report, as defined in the United States Code, Title 15,
10

Section 1681a(d), and by a user of a consumer report, as
11

set forth in the United States Code, Title 15, Section
12

1681b, except that information is only excluded under this
13

paragraph to the extent that the activity involving the
14

collection, maintenance, disclosure, sale, communication,
15

or use of the information by the agency, furnisher, or
16

user is subject to regulation under the federal Fair
17

Credit Reporting Act, United States Code, Title 15,
18

Sections 1681 to 1681x, and the information is not
19

collected, maintained, used, communicated, disclosed, or
20

sold except as authorized by the Fair Credit Reporting
21

Act;
22

(9) personal data collected, processed, sold, or
23

disclosed under the federal Gramm-Leach-Bliley Act, Public
24

Law 106-102, and implementing regulations, if the
25

collection, processing, sale, or disclosure is in
26

compliance with that law;

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(10) personal data collected, processed, sold, or
2

disclosed pursuant to the federal Driver's Privacy
3

Protection Act of 1994, United States Code, Title 18,
4

Sections 2721 to 2725, if the collection, processing,
5

sale, or disclosure is in compliance with that law;
6

(11) personal data regulated by the federal Family
7

Educational Rights and Privacy Act, United States Code,
8

Title 20, Section 1232g, and implementing regulations;
9

(12) personal data collected, processed, sold, or
10

disclosed pursuant to the federal Farm Credit Act of 1971,
11

as amended, United States Code, Title 12, Sections 2001 to
12

2279cc, and implementing regulations, Code of Federal
13

Regulations, Title 12, Part 600, if the collection,
14

processing, sale, or disclosure is in compliance with that
15

law;
16

(13) data collected or maintained:
17

(A) in the course of an individual acting as a job
18

applicant to or an employee, owner, director, officer,
19

medical staff member, or contractor of a business if
20

the data is collected and used solely within the
21

context of the role;
22

(B) as the emergency contact information of an
23

individual under item (1) if used solely for emergency
24

contact purposes; or
25

(C) that is necessary for the business to retain
26

to administer benefits for another individual relating

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to the individual under item (1) if used solely for the
2

purposes of administering those benefits;
3

(14) personal data collected, processed, sold, or
4

disclosed under the Illinois Insurance Code;
5

(15) data collected, processed, sold, or disclosed as
6

part of a payment-only credit, check, or cash transaction
7

where no data about consumers, as defined in Section 11,
8

are retained;
9

(16) a State or federally chartered bank or credit
10

union, or an affiliate or subsidiary that is principally
11

engaged in financial activities, as described in the
12

United States Code, Title 12, Section 1843(k);
13

(17) information that originates from, or is
14

intermingled so as to be indistinguishable from,
15

information described in clause (8) and that a person
16

licensed under chapter 56 collects, processes, uses, or
17

maintains in the same manner as is required under the laws
18

and regulations specified in clause (8);
19

(18) an insurance company and an insurance producer
20

that are regulated by the State under the Illinois
21

Insurance Code, a third-party administrator of
22

self-insurance, or an affiliate or subsidiary of any
23

entity identified in this clause that is principally
24

engaged in financial activities, as described in the
25

United States Code, Title 12, Section 1843(k), except that
26

this clause does not apply to a person that, alone or in

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1

combination with another person, establishes and maintains
2

a self-insurance program that does not otherwise engage in
3

the business of entering into policies of insurance;
4

(19) a small business, as defined by the United States
5

Small Business Administration under the Code of Federal
6

Regulations, Title 13, Part 121, except that a small
7

business identified in this clause is subject to Section
8

17;
9

(20) a nonprofit organization that is established to
10

detect and prevent fraudulent acts in connection with
11

insurance; and
12

(21) an air carrier subject to the federal Airline
13

Deregulation Act, Public Law 95-504, only to the extent
14

that an air carrier collects personal data related to
15

prices, routes, or services and only to the extent that
16

the provisions of the Airline Deregulation Act preempt the
17

requirements of this Act.
18

Controllers that are in compliance with the Children's
19
Online Privacy Protection Act, United States Code, Title 15,
20
Sections 6501 to 6506, and implementing regulations, are
21
deemed compliant with any obligation to obtain parental
22
consent under this Act.

23

Section 13.
Responsibility according to role.
24

(a) Controllers and processors are responsible for meeting
25
the respective obligations established under this Act.

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(b) Processors are responsible under this Act for adhering
2
to the instructions of the controller and assisting the
3
controller to meet the controller's obligations under this
4
Act. Assistance under this subsection shall include the
5
following:
6

(1) taking into account the nature of the processing,
7

the processor shall assist the controller by appropriate
8

technical and organizational measures, insofar as this is
9

possible, for the fulfillment of the controller's
10

obligation to respond to consumer requests to exercise
11

their rights under Section 14; and
12

(2) taking into account the nature of processing and
13

the information available to the processor, the processor
14

shall assist the controller in meeting the controller's
15

obligations in relation to the security of processing the
16

personal data and in relation to the notification of a
17

breach of the security of the system under the Illinois
18

Personal Information Protection Act and provide
19

information to the controller necessary to enable the
20

controller to conduct and document any data privacy and
21

protection assessments required by Section 18.
22

(c) A contract between a controller and a processor shall
23
govern the processor's data processing procedures with respect
24
to processing performed on behalf of the controller. The
25
contract shall be binding and clearly set forth instructions
26
for processing data, the nature and purpose of processing, the

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type of data subject to processing, the duration of
2
processing, and the rights and obligations of both parties.
3
The contract shall also require that the processor:
4

(1) ensure that each person processing the personal
5

data is subject to a duty of confidentiality with respect
6

to the data; and
7

(2) engage a subcontractor only (i) after providing
8

the controller with an opportunity to object, and (ii)
9

pursuant to a written contract in accordance with
10

subsection (e) that requires the subcontractor to meet the
11

obligations of the processor with respect to the personal
12

data.
13

(d) Taking into account the context of processing, the
14
controller and the processor shall implement appropriate
15
technical and organizational measures to ensure a level of
16
security appropriate to the risk and establish a clear
17
allocation of the responsibilities between the controller and
18
the processor to implement the technical and organizational
19
measures.
20

(e) Processing by a processor shall be governed by a
21
contract between the controller and the processor that is
22
binding on both parties and that sets out the processing
23
instructions to which the processor is bound, including the
24
nature and purpose of the processing, the type of personal
25
data subject to the processing, the duration of the
26
processing, and the obligations and rights of both parties.

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The contract shall include the requirements imposed by this
2
subsection, subsections (c) and (d), as well as the following
3
requirements:
4

(1) at the choice of the controller, the processor
5

shall delete or return all personal data to the controller
6

as requested at the end of the provision of services,
7

unless retention of the personal data is required by law;
8

(2) upon a reasonable request from the controller, the
9

processor shall make available to the controller all
10

information necessary to demonstrate compliance with the
11

obligations in this Act; and
12

(3) the processor shall allow for, and contribute to,
13

reasonable assessments and inspections by the controller
14

or the controller's designated assessor. Alternatively,
15

the processor may arrange for a qualified and independent
16

assessor to conduct, at least annually and at the
17

processor's expense, an assessment of the processor's
18

policies and technical and organizational measures in
19

support of the obligations under this Act. The assessor
20

must use an appropriate and accepted control standard or
21

framework and assessment procedure for assessments as
22

applicable, and shall provide a report of an assessment to
23

the controller upon request.
24

(f) In no event shall any contract relieve a controller or
25
a processor from the liabilities imposed on a controller or
26
processor by virtue of the controller's or processor's roles

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in the processing relationship under this Act.
2

(g) Determining whether a person is acting as a controller
3
or processor with respect to a specific processing of data is a
4
fact-based determination that depends upon the context in
5
which personal data are to be processed. A person that is not
6
limited in the person's processing of personal data pursuant
7
to a controller's instructions, or that fails to adhere to a
8
controller's instructions, is a controller and not a processor
9
with respect to a specific processing of data. A processor
10
that continues to adhere to a controller's instructions with
11
respect to a specific processing of personal data remains a
12
processor. If a processor begins, alone or jointly with
13
others, determining the purposes and means of the processing
14
of personal data, the processor is a controller with respect
15
to the processing.

16

Section 14.
Consumer personal data rights.
17

(a)(1) Consumer rights provided. Except as provided in
18
this Act, a controller must comply with a request to exercise
19
the consumer rights provided in this subdivision.
20

(2) A consumer has the right to confirm whether or not a
21
controller is processing personal data concerning the consumer
22
and access the categories of personal data the controller is
23
processing.
24

(3) A consumer has the right to correct inaccurate
25
personal data concerning the consumer taking into account the

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nature of the personal data and the purposes of the processing
2
of the personal data.
3

(4) A consumer has the right to delete personal data
4
concerning the consumer.
5

(5) A consumer has the right to obtain personal data
6
concerning the consumer, which the consumer previously
7
provided to the controller, in a portable and, to the extent
8
technically feasible, readily usable format that allows the
9
consumer to transmit the data to another controller without
10
hindrance, where the processing is carried out by automated
11
means.
12

(6) A consumer has the right to opt out of the processing
13
of personal data concerning the consumer for purposes of
14
targeted advertising, the sale of personal data, or profiling
15
in furtherance of automated decisions that produce legal
16
effects concerning a consumer or similarly significant effects
17
concerning a consumer.
18

(7) If a consumer's personal data is profiled in
19
furtherance of decisions that produce legal effects concerning
20
a consumer or similarly significant effects concerning a
21
consumer, the consumer has the right to question the result of
22
the profiling, to be informed of the reason that the profiling
23
resulted in the decision, and, if feasible, to be informed of
24
what actions the consumer might have taken to secure a
25
different decision and the actions that the consumer might
26
take to secure a different decision in the future. The

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consumer has the right to review the consumer's personal data
2
used in the profiling. If the decision is determined to have
3
been based upon inaccurate personal data taking into account
4
the nature of the personal data and the purposes of the
5
processing of the personal data, the consumer has the right to
6
have the data corrected and the profiling decision reevaluated
7
based upon the corrected data.
8

(8) A consumer has a right to obtain a list of the specific
9
third parties to which the controller has disclosed the
10
consumer's personal data. If the controller does not maintain
11
the information in a format specific to the consumer, a list of
12
specific third parties to whom the controller has disclosed
13
any consumers' personal data may be provided instead.
14

(b)(1) Exercising consumer rights. A consumer may exercise
15
the rights set forth in this Section by submitting a request,
16
at any time, to a controller specifying which rights the
17
consumer wishes to exercise.
18

(2) In the case of processing personal data concerning a
19
known child, the parent or legal guardian of the known child
20
may exercise the rights under this Act on the child's behalf.
21

(3) In the case of processing personal data concerning a
22
consumer legally subject to guardianship under the Probate Act
23
of 1975, the guardian of the consumer may exercise the rights
24
under this Act on the consumer's behalf.
25

(4) A consumer may designate another person as the
26
consumer's authorized agent to exercise the consumer's right

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to opt out of the processing of the consumer's personal data
2
for purposes of targeted advertising and sale under subsection
3
(1), paragraph (f), on the consumer's behalf. A consumer may
4
designate an authorized agent by way of, among other things, a
5
technology, including, but not limited to, an Internet link or
6
a browser setting, browser extension, or global device
7
setting, indicating the consumer's intent to opt out of the
8
processing. A controller shall comply with an opt-out request
9
received from an authorized agent if the controller is able to
10
verify, with commercially reasonable effort, the identity of
11
the consumer and the authorized agent's authority to act on
12
the consumer's behalf.
13

(c)(1) Universal opt-out mechanisms. A controller must
14
allow a consumer to opt out of any processing of the consumer's
15
personal data for the purposes of targeted advertising, or any
16
sale of the consumer's personal data through an opt-out
17
preference signal sent, with the consumer's consent, by a
18
platform, technology, or mechanism to the controller
19
indicating the consumer's intent to opt out of the processing
20
or sale. The platform, technology, or mechanism must:
21

(A) not unfairly disadvantage another controller;
22

(B) not make use of a default setting but require the
23

consumer to make an affirmative, freely given, and
24

unambiguous choice to opt out of the processing of the
25

consumer's personal data;
26

(C) be consumer-friendly and easy to use by the

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average consumer;
2

(D) be as consistent as possible with any other
3

similar platform, technology, or mechanism required by any
4

federal or State law or regulation; and
5

(E) enable the controller to accurately determine
6

whether the consumer is an Illinois resident and whether
7

the consumer has made a legitimate request to opt out of
8

any sale of the consumer's personal data or targeted
9

advertising. For purposes of this paragraph, the use of an
10

Internet protocol address to estimate the consumer's
11

location is sufficient to determine the consumer's
12

residence.
13

(2) If a consumer's opt-out request is exercised through
14
the platform, technology, or mechanism required under
15
paragraph (a), and the request conflicts with the consumer's
16
existing controller-specific privacy setting or voluntary
17
participation in a controller's bona fide loyalty, rewards,
18
premium features, discounts, or club card program, the
19
controller must comply with the consumer's opt-out preference
20
signal but may also notify the consumer of the conflict and
21
provide the consumer a choice to confirm the
22
controller-specific privacy setting or participation in the
23
controller's program.
24

(3) The platform, technology, or mechanism required under
25
paragraph (a) is subject to the requirements of subdivision 4.
26

(4) A controller that recognizes opt-out preference

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signals that have been approved by other state laws or
2
regulations is in compliance with this subdivision.
3

(d)(1) Controller response to consumer requests. Except as
4
provided in this Act, a controller must comply with a request
5
to exercise the rights pursuant to subdivision 1.
6

(2) A controller must provide one or more secure and
7
reliable means for consumers to submit a request to exercise
8
the consumer's rights under this Section. The means made
9
available must take into account the ways in which consumers
10
interact with the controller and the need for secure and
11
reliable communication of the requests.
12

(3) A controller may not require a consumer to create a new
13
account to exercise a right, but a controller may require a
14
consumer to use an existing account to exercise the consumer's
15
rights under this Section.
16

(4) A controller must comply with a request to exercise
17
the right in subsection (1), paragraph (f), as soon as
18
feasibly possible, but no later than 45 days of receipt of the
19
request.
20

(5) A controller must inform a consumer of any action
21
taken on a request under subdivision 1 without undue delay and
22
in any event within 45 days of receipt of the request. That
23
period may be extended once by 45 additional days where
24
reasonably necessary, taking into account the complexity and
25
number of the requests. The controller must inform the
26
consumer of any extension within 45 days of receipt of the

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request, together with the reasons for the delay.
2

(6) If a controller does not take action on a consumer's
3
request, the controller must inform the consumer without undue
4
delay and at the latest within 45 days of receipt of the
5
request of the reasons for not taking action and instructions
6
for how to appeal the decision with the controller as
7
described in subdivision 5.
8

(7) Information provided under this Section must be
9
provided by the controller free of charge up to twice annually
10
to the consumer. If requests from a consumer are manifestly
11
unfounded or excessive, in particular because of the
12
repetitive character of the requests, the controller may
13
either charge a reasonable fee to cover the administrative
14
costs of complying with the request or refuse to act on the
15
request. The controller bears the burden of demonstrating the
16
manifestly unfounded or excessive character of the request.
17

(8) A controller is not required to comply with a request
18
to exercise any of the rights under subsection (1), paragraphs
19
(b) to (e) and (h), if the controller is unable to authenticate
20
the request using commercially reasonable efforts. In such
21
cases, the controller may request the provision of additional
22
information reasonably necessary to authenticate the request.
23
A controller is not required to authenticate an opt-out
24
request, but a controller may deny an opt-out request if the
25
controller has a good faith, reasonable, and documented belief
26
that the request is fraudulent. If a controller denies an

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opt-out request because the controller believes a request is
2
fraudulent, the controller must notify the person who made the
3
request that the request was denied because of the
4
controller's belief that the request was fraudulent and state
5
the controller's basis for that belief.
6

(9) In response to a consumer request under subdivision 1,
7
a controller must not disclose the following information about
8
a consumer but must instead inform the consumer with
9
sufficient particularity that the controller has collected
10
that type of information:
11

(A) Social Security number;
12

(B) driver's license number or other government-issued
13

identification number;
14

(C) financial account number;
15

(D) health insurance account number or medical
16

identification number;
17

(E) account password, security questions, or answers;
18

or
19

(F) biometric data.
20

(10) In response to a consumer request under subdivision
21
1, a controller is not required to reveal any trade secret.
22

(11) A controller that has obtained personal data about a
23
consumer from a source other than the consumer may comply with
24
a consumer's request to delete the consumer's personal data
25
pursuant to subsection (1), paragraph (d), by either:
26

(A) retaining a record of the deletion request,

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retaining the minimum data necessary for the purpose of
2

ensuring the consumer's personal data remains deleted from
3

the business's records and not using the retained data for
4

any other purpose under the provisions of this Act; or
5

(B) opting the consumer out of the processing of
6

personal data for any purpose except for the purposes
7

exempted pursuant to the provisions of this Act.
8

(e)(1) Appeal process required. A controller must
9
establish an internal process in which a consumer may appeal a
10
refusal to take action on a request to exercise any of the
11
rights under subdivision 1 within a reasonable period of time
12
after the consumer's receipt of the notice sent by the
13
controller under subdivision 4, paragraph (f).
14

(2) The appeal process must be conspicuously available.
15
The process must include the ease of use provisions in
16
subdivision 3 applicable to submitting requests.
17

(3) Within 45 days of receipt of an appeal, a controller
18
must inform the consumer of any action taken or not taken in
19
response to the appeal along with a written explanation of the
20
reasons in support thereof. That period may be extended by 60
21
additional days if reasonably necessary, taking into account
22
the complexity and number of the requests serving as the basis
23
for the appeal. The controller must inform the consumer of any
24
extension within 45 days of receipt of the appeal together
25
with the reasons for the delay.
26

(4) When informing a consumer of any action taken or not

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taken in response to an appeal pursuant to paragraph (c), the
2
controller must provide a written explanation of the reasons
3
for the controller's decision and clearly and prominently
4
provide the consumer with information about how to file a
5
complaint with the Attorney General. The controller must
6
maintain records of all appeals and the controller's responses
7
for at least 24 months and shall, upon written request by the
8
Attorney General as part of an investigation, compile and
9
provide a copy of the records to the Attorney General.

10

Section 15.
Processing deidentified data or pseudonymous
11
data.
12

(a) This Act does not require a controller or processor to
13
do any of the following solely for purposes of complying with
14
this Act:
15

(1) reidentify deidentified data;
16

(2) maintain data in identifiable form, or collect,
17

obtain, retain, or access any data or technology, to be
18

capable of associating an authenticated consumer request
19

with personal data; or
20

(3) comply with an authenticated consumer request to
21

access, correct, delete, or port personal data under
22

Section 14, subsection (1), if all of the following are
23

true:
24

(A) the controller is not reasonably capable of
25

associating the request with the personal data, or it

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would be unreasonably burdensome for the controller to
2

associate the request with the personal data;
3

(B) the controller does not use the personal data
4

to recognize or respond to the specific consumer who
5

is the subject of the personal data or associate the
6

personal data with other personal data about the same
7

specific consumer; and
8

(C) the controller does not sell the personal data
9

to any third party or otherwise voluntarily disclose
10

the personal data to any third party other than a
11

processor, except as otherwise permitted in this
12

Section.
13

(b) The rights contained in Section 14, subsection (1),
14
paragraphs (b) to (e) and (h), do not apply to pseudonymous
15
data in cases where the controller is able to demonstrate any
16
information necessary to identify the consumer is kept
17
separately and is subject to effective technical and
18
organizational controls that prevent the controller from
19
accessing the information.
20

(c) A controller that uses pseudonymous data or
21
deidentified data must exercise reasonable oversight to
22
monitor compliance with any contractual commitments to which
23
the pseudonymous data or deidentified data are subject, and
24
must take appropriate steps to address any breaches of
25
contractual commitments.
26

(d) A processor or third party must not attempt to

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identify the subjects of deidentified or pseudonymous data
2
without the express authority of the controller that caused
3
the data to be deidentified or pseudonymized.
4

(e) A controller, processor, or third party must not
5
attempt to identify the subjects of data that has been
6
collected with only pseudonymous identifiers.

7

Section 16.
Responsibilities of controllers.
8

(a)(1) Transparency obligations. Controllers must provide
9
consumers with a reasonably accessible, clear, and meaningful
10
privacy notice that includes:
11

(A) the categories of personal data processed by the
12

controller;
13

(B) the purposes for which the categories of personal
14

data are processed;
15

(C) an explanation of the rights contained in Section
16

14 and how and where consumers may exercise those rights,
17

including how a consumer may appeal a controller's action
18

with regard to the consumer's request;
19

(D) the categories of personal data that the
20

controller sells to or shares with third parties, if any;
21

(E) the categories of third parties, if any, with whom
22

the controller sells or shares personal data;
23

(F) the controller's contact information, including an
24

active email address or other online mechanism that the
25

consumer may use to contact the controller;

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(G) a description of the controller's retention
2

policies for personal data; and
3

(H) the date the privacy notice was last updated.
4

(2) If a controller sells personal data to third parties,
5
processes personal data for targeted advertising, or engages
6
in profiling in furtherance of decisions that produce legal
7
effects concerning a consumer or similarly significant effects
8
concerning a consumer, the controller must disclose the
9
processing in the privacy notice and provide access to a clear
10
and conspicuous method outside the privacy notice for a
11
consumer to opt out of the sale, processing, or profiling in
12
furtherance of decisions that produce legal effects concerning
13
a consumer or similarly significant effects concerning a
14
consumer. This method may include but is not limited to an
15
Internet hyperlink clearly labeled "Your Opt-Out Rights" or
16
"Your Privacy Rights" that directly effectuates the opt-out
17
request or takes consumers to a web page where the consumer can
18
make the opt-out request.
19

(3) The privacy notice must be made available to the
20
public in each language in which the controller provides a
21
product or service that is subject to the privacy notice or
22
carries out activities related to the product or service.
23

(4) The controller must provide the privacy notice in a
24
manner that is reasonably accessible to and usable by
25
individuals with disabilities.
26

(5) Whenever a controller makes a material change to the

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controller's privacy notice or practices, the controller must
2
notify consumers affected by the material change with respect
3
to any prospectively collected personal data and provide a
4
reasonable opportunity for consumers to withdraw consent to
5
any further materially different collection, processing, or
6
transfer of previously collected personal data under the
7
changed policy. The controller shall take all reasonable
8
electronic measures to provide notification regarding material
9
changes to affected consumers, taking into account available
10
technology and the nature of the relationship.
11

(6) A controller is not required to provide a separate
12
Illinois-specific privacy notice or section of a privacy
13
notice if the controller's general privacy notice contains all
14
the information required by this Section.
15

(7) The privacy notice must be posted online through a
16
conspicuous hyperlink using the word "privacy" on the
17
controller's website home page or on a mobile application's
18
app store page or download page. A controller that maintains
19
an application on a mobile or other device shall also include a
20
hyperlink to the privacy notice in the application's settings
21
menu or in a similarly conspicuous and accessible location. A
22
controller that does not operate a website shall make the
23
privacy notice conspicuously available to consumers through a
24
medium regularly used by the controller to interact with
25
consumers, including, but not limited to, mail.
26

(b)(1) Use of data. A controller must limit the collection

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of personal data to what is adequate, relevant, and reasonably
2
necessary in relation to the purposes for which the data are
3
processed, which must be disclosed to the consumer.
4

(2) Except as provided in this Act, a controller may not
5
process personal data for purposes that are not reasonably
6
necessary to, or compatible with, the purposes for which the
7
personal data are processed, as disclosed to the consumer,
8
unless the controller obtains the consumer's consent.
9

(3) A controller shall establish, implement, and maintain
10
reasonable administrative, technical, and physical data
11
security practices to protect the confidentiality, integrity,
12
and accessibility of personal data, including the maintenance
13
of an inventory of the data that must be managed to exercise
14
these responsibilities. The data security practices shall be
15
appropriate to the volume and nature of the personal data at
16
issue.
17

(4) Except as otherwise provided in this Act, a controller
18
may not process sensitive data concerning a consumer without
19
obtaining the consumer's consent, or, in the case of the
20
processing of personal data concerning a known child, without
21
obtaining consent from the child's parent or lawful guardian,
22
in accordance with the requirement of the Children's Online
23
Privacy Protection Act, United States Code, Title 15, Sections
24
6501 to 6506, and its implementing regulations.
25

(5) A controller shall provide an effective mechanism for
26
a consumer, or, in the case of the processing of personal data

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concerning a known child, the child's parent or lawful
2
guardian, to revoke previously given consent under this
3
subsection. The mechanism provided shall be at least as easy
4
as the mechanism by which the consent was previously given.
5
Upon revocation of consent, a controller shall cease to
6
process the applicable data as soon as practicable, but no
7
later than 15 days after the receipt of the request.
8

(6) A controller may not process the personal data of a
9
consumer for purposes of targeted advertising, or sell the
10
consumer's personal data, without the consumer's consent,
11
under circumstances in which the controller knows that the
12
consumer is between the ages of 13 and 16.
13

(7) A controller may not retain personal data that is no
14
longer relevant and reasonably necessary in relation to the
15
purposes for which the data were collected and processed,
16
unless retention of the data is otherwise required by law or
17
permitted under Section 19.
18

(c)(1) Nondiscrimination. A controller shall not process
19
personal data on the basis of a consumer's or a class of
20
consumers' actual or perceived race, color, ethnicity,
21
religion, national origin, sex, gender, gender identity,
22
sexual orientation, familial status, lawful source of income,
23
or disability in a manner that unlawfully discriminates
24
against the consumer or class of consumers with respect to the
25
offering or provision of: housing, employment, credit, or
26
education; or the goods, services, facilities, privileges,

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advantages, or accommodations of any place of public
2
accommodation.
3

(2) A controller may not discriminate against a consumer
4
for exercising any of the rights contained in this Act,
5
including denying goods or services to the consumer, charging
6
different prices or rates for goods or services, and providing
7
a different level of quality of goods and services to the
8
consumer. This subsection does not: (i) require a controller
9
to provide a good or service that requires the consumer's
10
personal data that the controller does not collect or
11
maintain; or (ii) prohibit a controller from offering a
12
different price, rate, level, quality, or selection of goods
13
or services to a consumer, including offering goods or
14
services for no fee, if the offering is in connection with a
15
consumer's voluntary participation in a bona fide loyalty,
16
rewards, premium features, discounts, or club card program.
17

(d) Waiver of rights unenforceable. Any provision of a
18
contract or agreement of any kind that purports to waive or
19
limit in any way a consumer's rights under this Act is contrary
20
to public policy and is void and unenforceable.

21

Section 17.
Requirements for small businesses.
22

(a) A small business, as defined by the United States
23
Small Business Administration under the Code of Federal
24
Regulations, Title 13, Part 121, that conducts business in
25
Illinois or produces products or services that are targeted to

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1
Illinois residents must not sell a consumer's sensitive data
2
without the consumer's prior consent.
3

(b) Penalties and Attorney General enforcement procedures
4
under Section 20 apply to a small business that violates this
5
Section.

6

Section 18.
Data privacy policies; data privacy and
7
protection assessments.
8

(a) A controller must document and maintain a description
9
of the policies and procedures the controller has adopted to
10
comply with this Act. The description must include, where
11
applicable:
12

(1) the name and contact information for the
13

controller's chief privacy officer or other individual
14

with primary responsibility for directing the policies and
15

procedures implemented to comply with the provisions of
16

this Act; and
17

(2) a description of the controller's data privacy
18

policies and procedures that reflect the requirements in
19

Section 16, and any policies and procedures designed to:
20

(i) reflect the requirements of this Act in the
21

design of the controller's systems;
22

(ii) identify and provide personal data to a
23

consumer as required by this Act;
24

(iii) establish, implement, and maintain
25

reasonable administrative, technical, and physical

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data security practices to protect the
2

confidentiality, integrity, and accessibility of
3

personal data, including the maintenance of an
4

inventory of the data that must be managed to exercise
5

the responsibilities under this item;
6

(iv) limit the collection of personal data to what
7

is adequate, relevant, and reasonably necessary in
8

relation to the purposes for which the data are
9

processed;
10

(v) prevent the retention of personal data that is
11

no longer relevant and reasonably necessary in
12

relation to the purposes for which the data were
13

collected and processed, unless retention of the data
14

is otherwise required by law or permitted under
15

Section 19; and
16

(vi) identify and remediate violations of this
17

Act.
18

(b) A controller must conduct and document a data privacy
19
and protection assessment for each of the following processing
20
activities involving personal data:
21

(1) the processing of personal data for purposes of
22

targeted advertising;
23

(2) the sale of personal data;
24

(3) the processing of sensitive data;
25

(4) any processing activities involving personal data
26

that present a heightened risk of harm to consumers; and

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(5) the processing of personal data for purposes of
2

profiling, where the profiling presents a reasonably
3

foreseeable risk of:
4

(i) unfair or deceptive treatment of, or disparate
5

impact on, consumers;
6

(ii) financial, physical, or reputational injury
7

to consumers;
8

(iii) a physical or other intrusion upon the
9

solitude or seclusion, or the private affairs or
10

concerns, of consumers, where the intrusion would be
11

offensive to a reasonable person; or
12

(iv) other substantial injury to consumers.
13

(c) A data privacy and protection assessment must take
14
into account the type of personal data to be processed by the
15
controller, including the extent to which the personal data
16
are sensitive data, and the context in which the personal data
17
are to be processed.
18

(d) A data privacy and protection assessment must identify
19
and weigh the benefits that may flow directly and indirectly
20
from the processing to the controller, consumer, other
21
stakeholders, and the public against the potential risks to
22
the rights of the consumer associated with the processing, as
23
mitigated by safeguards that can be employed by the controller
24
to reduce the potential risks. The use of deidentified data
25
and the reasonable expectations of consumers, as well as the
26
context of the processing and the relationship between the

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1
controller and the consumer whose personal data will be
2
processed, must be factored into this assessment by the
3
controller.
4

(e) A data privacy and protection assessment must include
5
the description of policies and procedures required by
6
subsection (a).
7

(f) As part of a civil investigative demand, the Attorney
8
General may request, in writing, that a controller disclose
9
any data privacy and protection assessment that is relevant to
10
an investigation conducted by the Attorney General. The
11
controller must make a data privacy and protection assessment
12
available to the Attorney General upon a request made under
13
this subsection. The Attorney General may evaluate the data
14
privacy and protection assessments for compliance with this
15
Act. Data privacy and protection assessments is nonpublic data
16
that is data required by State or federal law that is: (1) not
17
about an individual; (2) not accessible by the general public;
18
and (3) accessible by the subject of the data. The disclosure.
19
The disclosure of a data privacy and protection assessment
20
under a request from the Attorney General under this
21
subsection does not constitute a waiver of the attorney-client
22
privilege or work product protection with respect to the
23
assessment and any information contained in the assessment.
24

(g) Data privacy and protection assessments or risk
25
assessments conducted by a controller for the purpose of
26
compliance with other laws or regulations may qualify under

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1
this Section if the assessments have a similar scope and
2
effect.
3

(h) A single data protection assessment may address
4
multiple sets of comparable processing operations that include
5
similar activities.

6

Section 19.
Limitations and applicability.
7

(a) The obligations imposed on controllers or processors
8
under this Act do not restrict a controller's or a processor's
9
ability to:
10

(1) comply with federal, State, or local laws, rules,
11

or regulations, including, but not limited to, data
12

retention requirements in State or federal law
13

notwithstanding a consumer's request to delete personal
14

data;
15

(2) comply with a civil, criminal, or regulatory
16

inquiry, investigation, subpoena, or summons by federal,
17

State, local, or other governmental authorities;
18

(3) cooperate with law enforcement agencies concerning
19

conduct or activity that the controller or processor
20

reasonably and in good faith believes may violate federal,
21

State, or local laws, rules, or regulations;
22

(4) investigate, establish, exercise, prepare for, or
23

defend legal claims;
24

(5) provide a product or service specifically
25

requested by a consumer; perform a contract to which the

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1

consumer is a party, including fulfilling the terms of a
2

written warranty; or take steps at the request of the
3

consumer prior to entering into a contract;
4

(6) take immediate steps to protect an interest that
5

is essential for the life or physical safety of the
6

consumer or of another natural person, and if the
7

processing cannot be manifestly based on another legal
8

basis;
9

(7) prevent, detect, protect against, or respond to
10

security incidents, identity theft, fraud, harassment,
11

malicious or deceptive activities, or any illegal
12

activity; preserve the integrity or security of systems;
13

or investigate, report, or prosecute those responsible for
14

any such action;
15

(8) assist another controller, processor, or third
16

party with any of the obligations under this subsection;
17

(9) engage in public or peer-reviewed scientific,
18

historical, or statistical research in the public interest
19

that adheres to all other applicable ethics and privacy
20

laws and is approved, monitored, and governed by an
21

institutional review board, human subjects research ethics
22

review board, or a similar independent oversight entity
23

that has determined:
24

(A) the research is likely to provide substantial
25

benefits that do not exclusively accrue to the
26

controller;

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1

(B) the expected benefits of the research outweigh
2

the privacy risks; and
3

(C) the controller has implemented reasonable
4

safeguards to mitigate privacy risks associated with
5

research, including any risks associated with
6

reidentification; or
7

(10) process personal data for the benefit of the
8

public in the areas of public health, community health, or
9

population health, but only to the extent that the
10

processing is:
11

(A) subject to suitable and specific measures to
12

safeguard the rights of the consumer whose personal
13

data is being processed; and
14

(B) under the responsibility of a professional
15

individual who is subject to confidentiality
16

obligations under federal, State, or local law.
17

(b) The obligations imposed on controllers or processors
18
under this Act do not restrict a controller's or processor's
19
ability to collect, use, or retain data to:
20

(1) effectuate a product recall or identify and repair
21

technical errors that impair existing or intended
22

functionality;
23

(2) perform internal operations that are reasonably
24

aligned with the expectations of the consumer based on the
25

consumer's existing relationship with the controller, or
26

are otherwise compatible with processing in furtherance of

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1

the provision of a product or service specifically
2

requested by a consumer or the performance of a contract
3

to which the consumer is a party; or
4

(3) conduct internal research to develop, improve, or
5

repair products, services, or technology.
6

(c) The obligations imposed on controllers or processors
7
under this Act do not apply if compliance by the controller or
8
processor with this Act would violate an evidentiary privilege
9
under Illinois law and do not prevent a controller or
10
processor from providing personal data concerning a consumer
11
to a person covered by an evidentiary privilege under Illinois
12
law as part of a privileged communication.
13

(d) A controller or processor that discloses personal data
14
to a third-party controller or processor in compliance with
15
the requirements of this Act is not in violation of this Act if
16
the recipient processes the personal data in violation of this
17
Act, provided that at the time of disclosing the personal
18
data, the disclosing controller or processor did not have
19
actual knowledge that the recipient intended to commit a
20
violation. A third-party controller or processor receiving
21
personal data from a controller or processor in compliance
22
with the requirements of this Act is not in violation of this
23
Act for the obligations of the controller or processor from
24
which the third-party controller or processor receives the
25
personal data.
26

(e) Obligations imposed on controllers and processors

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1
under this Act shall not:
2

(1) adversely affect the rights or freedoms of any
3

persons, including exercising the right of free speech
4

pursuant to the First Amendment of the United States
5

Constitution; or
6

(2) apply to the processing of personal data by a
7

natural person in the course of a purely personal or
8

household activity.
9

(f) Personal data that are processed by a controller
10
pursuant to this Section may be processed solely to the extent
11
that the processing is:
12

(1) necessary, reasonable, and proportionate to the
13

purposes listed in this Section;
14

(2) adequate, relevant, and limited to what is
15

necessary in relation to the specific purpose or purposes
16

listed in this Section; and
17

(3) insofar as possible, taking into account the
18

nature and purpose of processing the personal data,
19

subjected to reasonable administrative, technical, and
20

physical measures to protect the confidentiality,
21

integrity, and accessibility of the personal data, and to
22

reduce reasonably foreseeable risks of harm to consumers.
23

(g) If a controller processes personal data pursuant to an
24
exemption in this Section, the controller bears the burden of
25
demonstrating that the processing qualifies for the exemption
26
and complies with the requirements in subsection (f).

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1

(h) Processing personal data solely for the purposes
2
expressly identified in subsection (a), clauses (1) to (7),
3
does not, by itself, make an entity a controller with respect
4
to the processing.

5

Section 20.
Attorney General enforcement.
6

(a) If a controller or processor violates this Act, the
7
Attorney General, before filing an enforcement action under
8
subsection (b), must provide the controller or processor with
9
a warning letter identifying the specific provisions of this
10
Act the Attorney General alleges have been or are being
11
violated. If, after 30 days of issuance of the warning letter,
12
the Attorney General believes the controller or processor has
13
failed to cure any alleged violation, the Attorney General may
14
bring an enforcement action under subsection (b). This
15
subsection expires January 1, 2028.
16

(b) The Attorney General may bring a civil action against
17
a controller or processor to enforce a provision of this Act.
18
If the State prevails in an action to enforce this Act, the
19
State may, in addition to penalties provided by subsection (c)
20
or other remedies provided by law, be allowed an amount
21
determined by the court to be the reasonable value of all or
22
part of the State's litigation expenses incurred.
23

(c) Any controller or processor that violates this Act is
24
subject to an injunction and liable for a civil penalty of not
25
more than $7,500 for each violation.

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1

(d) Nothing in this Act establishes a private right of
2
action for a violation of this Act or any other law.

3

Section 95.
Home rule.
A unit of local government,
4
including a home rule unit, may not regulate consumer data
5
privacy. This Section is a denial and limitation of home rule
6
powers and functions under subsection (g) of Section 6 of
7
Article VII of the Illinois Constitution.

8

Section 97.
Severability.
If any provision of this Act or
9
its application to any person or circumstance is held invalid,
10
the invalidity of that provision or application does not
11
affect other provisions or applications of this Act that can
12
be given effect without the invalid provision or application.

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