101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4975

 

Introduced 2/18/2020, by Rep. Deanne M. Mazzochi

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 530/22 new

    Amends the Personal Information Protection Act. Creates an intellectual property right in persons for the continued use of the individual's personal information (1) when there is a failure to cure a violation within 30 days or (2) when a person's personal information cannot be certified to be fully retrieved from an entity engaging in an unauthorized acquisition or those to whom the individual's data was further conveyed. Provides for the recovery of actual damages and for recovery of statutory damages in the amount of $3,000 per year for a period of 5 years.


LRB101 19418 JLS 68890 b

 

 

A BILL FOR

 

HB4975LRB101 19418 JLS 68890 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 5. The Personal Information Protection Act is
5amended by adding Section 22 as follows:
 
6    (815 ILCS 530/22 new)
7    Sec. 22. Intellectual property right.
8    (a) An affected individual has an intellectual property
9right for the continued use of the individual's personal
10information (1) when there is a failure to cure a violation of
11this Act within 30 days or (2) when the individual's personal
12information cannot be certified to be fully retrieved from an
13entity engaging in an unauthorized acquisition or those to whom
14the data was further conveyed, used, or sold.
15    (b) The affected individual is entitled to recover (1) the
16actual damages suffered by him or her as a result of the
17continued infringement of the individual's intellectual
18property rights and any profits of the infringer that are
19attributable to the infringement from the breach and (2)
20statutory damages in the amount of $3,000 per year per breach
21for a period of 5 years.
22    (c) The burden of proof is on the intellectual property
23owner to present evidence only of the infringer's gross

 

 

HB4975- 2 -LRB101 19418 JLS 68890 b

1profits. The infringer is required to prove his or her
2deductible expenses and elements of profit not attributable to
3factors associated with the breach and infringement of data
4privacy rights.
5    (d) If the perpetrator of the unauthorized acquisition
6cannot be found, any entity holding or transmitting the
7breached personal data may be responsible for such liability.