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Full Text of SB3180
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SB3180 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3180
Introduced 2/2/2026, by Sen. Rachel Ventura
SYNOPSIS AS INTRODUCED:
New Act
815 ILCS 505/2MMMM new
Creates the Artificial Intelligence Data Privacy Act. Prohibits a
deployer from training an artificial intelligence on a user's data and
retaining the training data indefinitely unless specified conditions are
satisfied. Sets forth provisions concerning a private right of action.
Provides that a violation of the Act constitutes an unlawful practice
under the Consumer Fraud and Deceptive Business Practices Act. Amends the
Consumer Fraud and Deceptive Business Practices Act to make a conforming
change. Effective January 1, 2027.
LRB104 19685 SPS 33134 b
A BILL FOR
SB3180
LRB104 19685 SPS 33134 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
5
Artificial Intelligence Data Privacy Act.
6
Section 5.
Definitions.
As used in this Act:
7
"Artificial intelligence" has the meaning set forth in
8
Section 2-101 of the Illinois Human Rights Act.
9
"Covered information" means any data:
10
(1) created by or provided to a deployer by a user in
11
the course of using the deployer's artificial
12
intelligence; or
13
(2) gathered by a deployer through the deployment of
14
an artificial intelligence to the user.
15
"Deployer" means a person or entity who deploys artificial
16
intelligence to a user.
17
"Deploys artificial intelligence" means to integrate
18
artificial intelligence into an environment in which the
19
artificial intelligence is accessible to a user through a
20
website, mobile application, dashboard, or other product or
21
service.
22
"User" means an individual who resides in this State and
23
uses a deployed artificial intelligence.
SB3180
- 2 -
LRB104 19685 SPS 33134 b
1
Section 10.
Deployer requirements.
2
(a) Beginning on January 1, 2027, a deployer shall comply
3
with either of the following:
4
(1) a deployer's artificial intelligence shall not
5
train on a user's covered information and retain the
6
training data indefinitely, unless the deployer first:
7
(A) informs the user, in writing, that the
8
artificial intelligence will retain training data
9
indefinitely; and
10
(B) obtains the user's express written consent to
11
allow the artificial intelligence to retain the
12
training data indefinitely; or
13
(2) the default setting on the deployer's artificial
14
intelligence prohibits the artificial intelligence from
15
training on a user's covered information and is only
16
permitted to train on a user's covered information if the
17
user:
18
(A) is notified that the artificial intelligence
19
will retain the training data indefinitely; and
20
(B) affirmatively consents to change the default
21
setting.
22
(b) A deployer may not disclose a user's covered
23
information to a third party unless the deployer first obtains
24
express written consent from the user for that disclosure.
SB3180
- 3 -
LRB104 19685 SPS 33134 b
1
Section 15.
Private right of action.
A user who is
2
aggrieved by a violation of this Act may bring a civil action
3
against an offending party. A prevailing plaintiff may
4
recover:
5
(1) against a private entity that negligently violates
6
a provision of this Act, liquidated damages of $1,000 or
7
actual damages, whichever is greater;
8
(2) against a private entity that intentionally or
9
recklessly violates a provision of this Act, liquidated
10
damages of $5,000 or actual damages, whichever is greater;
11
(3) reasonable attorney's fees and costs, including
12
expert witness fees and other litigation expenses; and
13
(4) other relief, including injunctive relief, as the
14
court may deem appropriate.
15
Section 20.
Enforcement by the Attorney General.
A
16
violation of this Act constitutes an unlawful practice under
17
the Consumer Fraud and Deceptive Business Practices Act. All
18
remedies, penalties, and authority granted to the Attorney
19
General by the Consumer Fraud and Deceptive Business Practices
20
Act shall be available to the Attorney General for the
21
enforcement of this Act.
22
Section 90.
The Consumer Fraud and Deceptive Business
23
Practices Act is amended by adding Section 2MMMM as follows:
SB3180
- 4 -
LRB104 19685 SPS 33134 b
1
(815 ILCS 505/2MMMM new)
2
Sec. 2MMMM.
Violations of the Artificial Intelligence Data
3
Privacy Act.
Any person who violates the Artificial
4
Intelligence Data Privacy Act commits an unlawful practice
5
within the meaning of this Act.
6
Section 99.
Effective date.
This Act takes effect January
7
1, 2027.
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