HR0681 101ST GENERAL ASSEMBLY

HR0681 LRB101 19031 MST 68491 r

HOUSE RESOLUTION

WHEREAS, The right to privacy is a fundamental right protected by the United States Constitution and the Illinois Constitution; and

WHEREAS, Article I, Section 12 of the Illinois Constitution provides for a remedy in the law for "all injuries and wrongs" to privacy; and

WHEREAS, The citizens of Illinois have been subjected to an ever-increasing amount of online surveillance from private companies that collect, share, and sell their data for profit without their knowledge or consent; and

WHEREAS, According to the Pew Research Center, the distrust of technology and technology companies has reached an all-time high, as over 80% of Americans believe they have very little to no control over their data, and that the potential risks of collecting data now outweigh the benefit of such collection; and

WHEREAS, In December of 2019, the National Institute of Standards and Technology issued a report finding concrete evidence of racial bias in the use of facial recognition technology, concluding that the majority of face recognition algorithms were significantly more likely to inaccurately identify a photograph of the face of an African-American or East Asian person, compared to the face of a white person; and

WHEREAS, Current law fails to provide adequate protections for children when it comes to the collection, sharing, and aggregation of all types of data; and

WHEREAS, Illinois has long been a leader in protecting the privacy of the citizens of Illinois through the passage of the Biometric Information Privacy Act, which prohibits companies from unlawfully collecting fingerprints and using facial recognition without consent; and

WHEREAS, Over the last decade, technological advancement has significantly outpaced current law, leading to significant gaps in Illinois law and a "wild west" environment when it comes to the protection of the vast majority of consumer data; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge Illinois to continue to be a leader in the protection of the privacy of its citizens by codifying the Illinois Constitution's fundamental right of privacy, which includes: (i) the right to consent before private data is collected or shared, (ii) the right to know with whom data is shared and sold, (iii) the right to have a company delete data upon request, (iv) the right to opt-in to having data collected, shared, or sold, and (v) the right to data portability; and be it further

RESOLVED, That we declare January 28, 2020 as "Data Privacy Day" in the State of Illinois.