Illinois 94th Regular Session Status: Passed Senate 2 D cosponsors

SB 1479 — IDENTITY THEFT NOTIFY ACT

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Creates the Identity Theft Notification Act. Requires any data collector that owns or uses personal information in any form that includes personal information concerning an Illinois resident, to disclose any breach of the security of the system following discovery or notification of the breach in the security of the data, without regard for whether the data has been accessed by an unauthorized third party for legal or illegal purposes. Provides that notice may be provided in one of the following ways: (1) written notice; (2) electronic notice; or (3) substitute notice if the person or business demonstrates that the cost of providing notice would exceed $250,000, or the affected class of persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information. Provides a private right of action for a violation of the Act.

Bill Text

What changed in the latest version

116 added · 115 removed

Plain-language change summary

The bill SB 1479 has been amended to update its scope and definitions regarding data protection and breaches. Notably, it broadens the definition of "Data Collector" to include a wider range of entities, such as government agencies and corporations, ensuring that more organizations are held accountable for personal data security. Additionally, the amendment clarifies what constitutes a "breach" of data security, encompassing both computerized and paper records. This matters because it strengthens the protections for personal information, making it clear that organizations must take responsibility for safeguarding all forms of private data.

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*LRB09411200RXD41888b* SB1479 94TH GENERAL ASSEMBLY State of Illinois and 2006 SB1479 Introduced 2/23/2005, by Sen.
SB1479 Engrossed LRB094 11200 RXD 41888 b AN ACT concerning business.
Ira I.
Silverstein SYNOPSIS AS INTRODUCED:
New Act Creates the Identity Theft Notification Act.
Requires any data collector that owns or uses personal information in any form that includes personal information concerning an Illinois resident, to disclose any breach of the security of the system following discovery or notification of the breach in the security of the data, without regard for whether the data has been accessed by an unauthorized third party for legal or illegal purposes.
Provides that notice may be provided in one of the following ways:
(1) written notice;
(2) electronic notice;
or (3) substitute notice if the person or business demonstrates that the cost of providing notice would exceed $250,000, or the affected class of persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information.
Provides a private right of action for a violation of the Act.
LRB094 11200 RXD 41888 b A BILL FOR SB1479 LRB094 11200 RXD 41888 b AN ACT concerning business.
This Act may be cited as the Identity Theft Notification Act.
This Act may be cited as the Personal Information Protection Act.
"Breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by a data collector.
"Data Collector" may include, but is not limited to, government agencies, public and private universities, privately and publicly held corporations, financial institutions, retail operators, and any other entity that, for any purpose, whether by automated collection or otherwise, handles, collects, disseminates, or otherwise deals with nonpublic personal information.
"Breach of the security of the system" does not include good faith acquisition of personal information by an employee or agent of the data collector, provided that the personal information is not used for a purpose unrelated to the data collector’s business or subjected to further unauthorized disclosure.
"Breach of the security of the system data" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the data collector.
"Breach of the security of the system data" does not include good faith acquisition of personal information by an employee or agent of the data collector for a legitimate purpose of the data collector, provided that the personal information is not used for a purpose unrelated to the data collector’s business or subject to further unauthorized disclosure.
"Data collector" may include, but is not limited to, government agencies, public and private universities, privately and publicly held corporations, financial institutions, retail operators, and any other entity which, for any purpose, whether by automated collection or otherwise, handles, collects, disseminates, or otherwise deals with personal information.
(1) Social security number.
(1) Social Security number.
(2) Driver’s license number or Illinois State SB1479 - 2 - LRB094 11200 RXD 41888 b Identification Card number.
SB1479 Engrossed - 2 - LRB094 11200 RXD 41888 b (2) Driver’s license number or State identification card number.
(3) Account number, credit or debit card number, if circumstances exist where the number could be used without additional identifying information, access code, or password.
(3) Account number or credit or debit card number, if circumstances exist where the number could be used without additional identifying information, access codes, or passwords.
(5) Any item listed under paragraphs (1) through (4) when not in connection with the individual’s first name or first initial and last name, if the information compromised would be sufficient to perform or attempt to perform identity theft against the person whose information was compromised.
(5) Any item provided in paragraphs (1) through (4) when not in connection with the individual’s first name or first initial and last name, if the information compromised would be sufficient to perform or attempt to perform identity theft against the person whose information was compromised.
Security breach;
Notice of Breach.
notification.
(a) Except as provided in subsection (b) of this Section, any data collector that owns or uses personal information in any form, whether computerized, paper, or otherwise, that includes personal information concerning an Illinois resident shall notify the resident that there has been a breach of the security of the system data following discovery or notification of the breach, without regard for whether the data has been accessed by an unauthorized third party for legal or illegal purposes.
(a) Any data collector that owns or uses personal information in any form that includes personal information concerning an Illinois resident, shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data, without regard for whether the data has been accessed by an unauthorized third party for legal or illegal purposes.
The disclosure notification shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of the law enforcement agency, as provided in subsection (b) of this Section, or with any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the data system.
The disclosure notification shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of the law enforcement agency, as provided in subsection (b), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
(b) The notification required by this Section may be delayed if a law enforcement agency determines that the SB1479 Engrossed - 3 - LRB094 11200 RXD 41888 b notification may impede a criminal investigation.
(b) Notice may be provided by one of the following methods:
The notification required by this Section shall be made after the law enforcement agency determines that it will not compromise the investigation.
(c) For purposes of this Section, notice to consumers may be provided by one of the following methods:
(2) electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code;
(2) electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures for notices legally required to be in writing as set forth in Section 7001 of Title 15 of the United States Code;
or SB1479 - 3 - LRB094 11200 RXD 41888 b (3) substitute notice, if the person or business demonstrates that the cost of providing notice would exceed $250,000, or the affected class of persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information.
or (3) substitute notice, if the data collector demonstrates that the cost of providing notice would exceed $250,000 or that the affected class of subject persons to be notified exceeds 500,000, or the data collector does not have sufficient contact information.
(i) email notification if the person or business has an email address for the person to be notified;
(i) e-mail notice if the data collector has an email address for the subject persons;
(ii) conspicuous posting of the notice on the web site page of the person or business, if the person or business maintains a web site page;
(ii) conspicuous posting of the notice on the data collector’s web site page if the data collector maintains one;
and (iii) notification to major statewide media outlets.
and (iii) notification to major statewide media.
The notification required under this subsection (b) may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation.
Notification shall be made after the law enforcement agency determines that it will not compromise its investigation.
Penalty.
Violation.
(a) Any customer injured by a violation of this Act may institute a civil action to recover damages.
A violation of this Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.
(b) Any individual personally affected by repeated violations may institute, in a circuit court, an action to enjoin violations of this Act.
Section 900.
(c) The rights and remedies available under this Section are cumulative to each other and to any other rights and remedies available under law.
The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:
(815 ILCS 505/2Z) (from Ch.
121 1/2, par.
262Z) Sec.
Show all 51 changed rows (11 more)
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2Z.
Violations of other Acts.
Any person who knowingly violates the Automotive Repair Act, the Home Repair and SB1479 Engrossed - 4 - LRB094 11200 RXD 41888 b Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, or the Automatic Contract Renewal Act, or the Personal Information Protection Act commits an unlawful practice within the meaning of this Act.
(Source:
P.A.
92-426, eff.
1-1-02;
93-561, eff.
1-1-04;
93-950, eff.
1-1-05.)
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Action History

  1. Session Sine Die

  2. Added Alternate Co-Sponsor Rep. Gary Hannig

  3. Added Alternate Co-Sponsor Rep. Annazette Collins

  4. Added Alternate Co-Sponsor Rep. Kathleen A. Ryg

  5. Added Alternate Co-Sponsor Rep. Cynthia Soto

  6. Added Alternate Co-Sponsor Rep. David Reis

  7. Added Alternate Co-Sponsor Rep. Eddie Washington

  8. Added Alternate Co-Sponsor Rep. Michael K. Smith

  9. Added Alternate Co-Sponsor Rep. John D'Amico

  10. Rule 19(a) / Re-referred to Rules Committee

  11. Added Alternate Co-Sponsor Rep. William Delgado

  12. Added Alternate Co-Sponsor Rep. William Davis

  13. Added Alternate Co-Sponsor Rep. Arthur L. Turner

  14. Added Alternate Co-Sponsor Rep. Wyvetter H. Younge

  15. Added Alternate Co-Sponsor Rep. Milton Patterson

  16. Added Alternate Co-Sponsor Rep. Robin Kelly

  17. Added Alternate Co-Sponsor Rep. Monique D. Davis

  18. Added Alternate Co-Sponsor Rep. John E. Bradley

  19. Added Alternate Co-Sponsor Rep. Daniel V. Beiser

  20. Added Alternate Co-Sponsor Rep. Lisa M. Dugan

  21. Assigned to Executive Committee

  22. Added as Chief Co-Sponsor Sen. Kwame Raoul

  23. Added Alternate Co-Sponsor Rep. Careen M Gordon

  24. Added Alternate Co-Sponsor Rep. Naomi D. Jakobsson

  25. Added Alternate Chief Co-Sponsor Rep. Edward J. Acevedo

  26. Added Alternate Co-Sponsor Rep. Jack D. Franks

  27. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  28. Added Alternate Chief Co-Sponsor Rep. Paul D. Froehlich

  29. Added Alternate Co-Sponsor Rep. Charles E. Jefferson

  30. Added Alternate Co-Sponsor Rep. Michelle Chavez

  31. Referred to Rules Committee

  32. First Reading

  33. Chief House Sponsor Rep. Sidney H. Mathias

  34. Placed on Calendar Order of First Reading

  35. Arrived in House

  36. Third Reading - Passed; 057-000-000

  37. Placed on Calendar Order of 3rd Reading April 8, 2005

  38. Second Reading

  39. Added as Chief Co-Sponsor Sen. Peter J. Roskam

  40. Placed on Calendar Order of 2nd Reading March 15, 2005

  41. Do Pass as Amended Executive; 010-000-000

  42. Senate Committee Amendment No. 1 Adopted

  43. Added as Chief Co-Sponsor Sen. Dan Cronin

  44. Senate Committee Amendment No. 1 Rules Refers to Executive

  45. Senate Committee Amendment No. 1 Referred to Rules

  46. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Ira I. Silverstein

  47. Assigned to Executive

  48. Referred to Rules

  49. First Reading

  50. Filed with Secretary by Sen. Ira I. Silverstein

Sponsors

  • Ira I. Silverstein · Cosponsor
  • Michelle Chavez · Cosponsor
  • Charles E. Jefferson · Cosponsor
  • Jack D. Franks · Cosponsor
  • Naomi D. Jakobsson · Cosponsor
  • Careen M Gordon · Cosponsor
  • Lisa M. Dugan · Cosponsor
  • Daniel V. Beiser · Cosponsor
  • John E. Bradley · Cosponsor
  • Monique D. Davis · Cosponsor
  • Robin Kelly · Cosponsor
  • Milton Patterson · Cosponsor
  • Wyvetter H. Younge · Cosponsor
  • Arthur L. Turner · Cosponsor
  • William "Will" Davis · Cosponsor
  • William Delgado · Cosponsor
  • John D'Amico · Cosponsor
  • Michael K. Smith · Cosponsor
  • Eddie Washington · Cosponsor
  • David Reis · Cosponsor
  • Cynthia Soto · Cosponsor
  • Kathleen A. Ryg · Cosponsor
  • Gary Hannig · Cosponsor
  • Lakesia Collins · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

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0 sponsors · 25 co-sponsors · 158 not signed on

Sponsors (0)

None.

Co-sponsors (25)

  • Ira I. Silverstein
  • Michelle Chavez
  • Charles E. Jefferson
  • Jack D. Franks
  • Naomi D. Jakobsson
  • Careen M Gordon
  • Lisa M. Dugan
  • Daniel V. Beiser
  • John E. Bradley
  • Monique D. Davis
  • Robin Kelly
  • Milton Patterson
  • Wyvetter H. Younge
  • Arthur L. Turner
  • William "Will" Davis Democrat
  • William Delgado
  • John D'Amico
  • Michael K. Smith
  • Eddie Washington
  • David Reis
  • Cynthia Soto
  • Kathleen A. Ryg
  • Gary Hannig
  • Lakesia Collins Democrat
  • Chapa LaVia

Not signed on (158)

158 members have not signed on to this bill.

Show all 158 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 51002
Democrat 5000
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Garrett — Yea
Halvorson — Yea
Lauzen — Yea
Munoz — Yea
Brady — Yea
Luechtefeld — Yea
Maloney — Yea
Sullivan, D. — Yea
Meeks — Yea
Sullivan, J. — Yea
Petka — Yea
Schoenberg — Yea
Shadid — Yea
Jacobs — Yea
Sieben — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Silverstein — Yea
Demuzio — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Wojcik — Not Voting
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Forby — Yea
Geo-Karis — Not Voting
Haine — Yea
Hendon — Yea
Pankau — Yea
Peterson — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

civil-rights technology
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Frequently asked questions

What does SB 1479 do?
Creates the Identity Theft Notification Act. Requires any data collector that owns or uses personal information in any form that includes personal information concerning an Illinois resident, to disclose any breach of the security of the system following discovery or notification of the breach in the security of the data, without regard for whether the data has been accessed by an unauthorized third party for legal or illegal purposes. Provides that notice may be provided in one of the following ways: (1) written notice; (2) electronic notice; or (3) substitute notice if the person or business demonstrates that the cost of providing notice would exceed $250,000, or the affected class of persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information. Provides a private right of action for a violation of the Act.
Who sponsors SB 1479?
SB 1479 is sponsored by Ira I. Silverstein, Michelle Chavez, Charles E. Jefferson, Jack D. Franks, Naomi D. Jakobsson, Careen M Gordon, Lisa M. Dugan, Daniel V. Beiser, John E. Bradley, Monique D. Davis, Robin Kelly, Milton Patterson, Wyvetter H. Younge, Arthur L. Turner, William "Will" Davis (Democrat), William Delgado, John D'Amico, Michael K. Smith, Eddie Washington, David Reis, Cynthia Soto, Kathleen A. Ryg, Gary Hannig, Lakesia Collins (Democrat), and Chapa LaVia.
What is the current status of SB 1479?
This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1479?
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