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This bill requires data brokers in Illinois to register annually and establishes a mechanism for consumers to request deletion of their personal data, with specific accessibility requirements.
The Data Broker Registration and Accessible Deletion Mechanism Act aims to enhance consumer privacy by mandating annual registration for data brokers and providing consumers with a streamlined process to request the deletion of their personal information. This legislation will impact businesses that collect and sell personal data, requiring them to comply with new registration and deletion request protocols, including accessibility requirements.
Key Provisions
Data brokers must register annually with the Attorney General by January 31.
A consumer can request deletion of their personal information from all data brokers with a single request.
Civil penalties for non-compliance include $200 per day and additional costs.
The Attorney General will create a public registry of data brokers.
Data brokers must provide specific information about their data collection practices, including minors' data, geolocation, and reproductive health care data.
The deletion mechanism must be accessible in multiple languages and for consumers with disabilities.
The registration fee should not exceed the reasonable costs of establishing and maintaining the informational website.
The bill amends existing consumer protection laws to include violations of this act.
Latest Legislative Action
Referred to Rules Committee
Bill Sponsors
Name
Role
District
Kimberly Du BucletD
Sponsor
HD-005
Compliance Checklist
Register with the Attorney General and provide required information Who: Data brokers operating in Illinois Deadline: By January 31 each year Penalty: Civil penalties of $200 per day for non-compliance
Implement a mechanism for consumers to request deletion of personal data Who: Data brokers Deadline: By January 1, 2028 Penalty: Civil penalties for failing to comply with deletion requests
Full Legal Analysis
The Data Broker Registration and Accessible Deletion Mechanism Act mandates that data brokers operating in Illinois register annually with the Attorney General by January 31. In addition to paying a registration fee, which should not exceed the reasonable costs of establishing and maintaining the informational website, brokers must provide specific information about their data collection practices, including whether they collect minors' data, precise geolocation, or reproductive health care data. The bill also establishes a consumer-friendly deletion mechanism, allowing individuals to request the deletion of their personal information from all registered data brokers through a single request, effective by January 1, 2028. This mechanism must be accessible in multiple languages and for consumers with disabilities.
Data brokers that fail to comply with registration requirements face civil penalties of $200 per day and additional costs. The Attorney General is tasked with creating a public registry. The bill also amends existing laws to align with its provisions, reinforcing the legal framework surrounding consumer data privacy in Illinois.
Key definitions include 'data broker,' which is defined as a business that collects and sells personal information without a direct relationship with the individual. The bill outlines specific exemptions for certain businesses, such as those involved in e-commerce or credit reporting, which are not classified as data brokers under this act. Overall, this legislation reflects a growing trend towards stricter data privacy regulations, similar to laws enacted in other states.
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