101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3051
 
Introduced , by Rep. Carol Ammons
 
SYNOPSIS AS INTRODUCED:
 

 
  
New Act
815 ILCS 505/2Z  from Ch. 121 1/2, par. 262Z

     Creates the App Privacy Protection Act. Requires an entity that owns, controls, or operates a web site, online service, or software application to identify in its customer agreements or applicable terms whether third parties collect electronic information directly from the digital devices of individuals in Illinois who use or visit its web site, online service, or software application. Requires the disclosure of the names of those third parties and the categories of information collected. Amends the Consumer Fraud and Deceptive Business Practices Act to provide that a violation of the App Privacy Protection Act constitutes a violation of that Act.
  


LRB101 10656 JLS 55763 b

 
 
A BILL FOR
 

  
HB3051LRB101 10656 JLS 55763 b


  
1    AN ACT concerning business.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. Short title. This Act may be cited as the App 
5Privacy Protection Act.
 
6    Section 5. Definitions. In this Act:
7    "Electronic information" means information derived by or 
8generated from a web site, online service, or software 
9application that is downloaded, installed, or otherwise used on 
10a digital device.
11    "Private entity" means an individual, partnership, 
12corporation, limited liability company, association, or other 
13group, however organized.
 
14    Section 10. Disclosure. A private entity that owns, 
15controls, or operates a web site, online service, or software 
16application must identify in its customer agreements or 
17applicable terms whether third parties collect electronic 
18information directly from the digital devices of individuals in 
19Illinois who use or visit its web site, online service, or 
20software application, and disclose:
21        (1)  the names of the third parties; and
22        (2) the types or categories of electronic information 
 
 
HB3051- 2 -LRB101 10656 JLS 55763 b

1    the third party collects.
 
2    Section 15. Violation. A violation of this Act constitutes 
3a violation of the Consumer Fraud and Deceptive Business 
4Practices Act. 
 
5    Section 20. Waiver; contracts.
6    (a) Any waiver of the provisions of this Act is void and 
7unenforceable. 
8    (b) Any agreement created or modified after the effective 
9date of this Act that does not comply with this Act is void and 
10unenforceable.
 
11    Section 25. The Consumer Fraud and Deceptive Business 
12Practices Act is amended  by changing Section 2Z as follows:
 



13    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)


14    Sec. 2Z. Violations of other Acts. Any person who knowingly 
15violates
the App Privacy Protection Act, Automotive Repair Act, 
16the Automotive Collision Repair Act,
the Home Repair and 
17Remodeling Act,
the Dance Studio Act,
the Physical Fitness 
18Services Act,
the Hearing Instrument Consumer Protection Act,

19the Illinois Union Label Act, the Installment Sales Contract 
20Act,
the Job Referral and Job Listing Services Consumer 
21Protection Act,
the Travel Promotion Consumer Protection Act,

22the Credit Services Organizations Act,
the Automatic Telephone 
 
 
HB3051- 3 -LRB101 10656 JLS 55763 b

1Dialers Act,
the Pay-Per-Call Services Consumer Protection 
2Act,
the Telephone Solicitations Act,
the Illinois Funeral or 
3Burial Funds Act,
the Cemetery Oversight Act, the Cemetery Care 
4Act,
the Safe and Hygienic Bed Act,
the Illinois Pre-Need 
5Cemetery Sales Act,
the High Risk Home Loan Act,  the Payday 
6Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) 
7or (b) of Section 3-10 of the
Cigarette Tax Act, subsection
(a) 
8or (b) of Section 3-10 of the Cigarette Use Tax Act, the 
9Electronic
Mail Act, the Internet Caller Identification Act, 
10paragraph (6)
of
subsection (k) of Section 6-305 of the 
11Illinois Vehicle Code, Section 11-1431, 18d-115, 18d-120, 
1218d-125, 18d-135,  18d-150, or 18d-153 of the Illinois Vehicle 
13Code, Article 3 of the Residential Real Property Disclosure 
14Act,  the Automatic Contract Renewal Act, the Reverse Mortgage 
15Act, Section 25 of the Youth Mental Health Protection Act, the 
16Personal Information Protection Act, or the Student Online 
17Personal Protection Act commits an unlawful practice within the 
18meaning of this Act.

19(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, 
20eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; 
21100-863, eff. 8-14-18.)