HB3438 103RD GENERAL ASSEMBLY

LRB103 26874 SPS 53238 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3438

Introduced 2/17/2023, by Rep. Joe C. Sosnowski

SYNOPSIS AS INTRODUCED:

New Act

Creates the Keep Internet Devices Safe Act. Provides that no private entity may turn on or enable a digital device's microphone unless the registered account holder or another user that is setting up or configuring the device first agrees to a consumer agreement or privacy notice meeting specified criteria. Provides that a private entity that collects, stores, or transmits any information collected through a digital device's microphone concerning a registered account holder shall implement and maintain reasonable security measures to protect such information from unauthorized access, acquisition, destruction, use, modification, and disclosure. Provides that the Attorney General shall have exclusive authority to enforce the Act. Provides that any waiver of the provisions of the Act is void and unenforceable. Defines terms.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Keep Internet Devices Safe Act.

Section 5. Definitions. In this Act:

"Digital device" means an Internet-connected device that contains a microphone, such as a smartphone, tablet, television, computer, car, toy, or home appliance.

"Microphone" means an instrument capable of detecting sound waves.

"Private entity" means any partnership, corporation, limited liability company, association, organization, or other group, regardless of organizational structure, or any agent thereof. "Private entity" does not include a State or local government agency.

Section 10. Use of a digital device's microphone.

(a) No private entity may turn on or enable a digital device's microphone unless the registered account holder or another user that is setting up or configuring the device first agrees to the following information in a consumer agreement or privacy notice notifying the registered account holder:

(1) that the microphone in the digital device will be turned on or enabled;

(2) what command or action will turn on or enable the microphone;

(3) the categories of sounds the microphone will be listening for, recording, or disclosing; and

(4) the categories of third parties to which the sounds may be disclosed.

(b) The manufacturer of a digital device that does not cause to be turned on or otherwise use a digital device's microphone is not subject to this Section.

Section 15. Security measures. A private entity that records and transmits any personally identifiable information collected through the digital device's microphone concerning a registered account holder shall implement and maintain reasonable security measures to protect such personally identifiable information from unauthorized access, acquisition, destruction, use, modification, and disclosure.

Section 20. Enforcement. The Attorney General shall have exclusive authority to enforce this Act. Nothing in this Act shall be construed to modify, limit, or supersede the operation of any privacy or security provision in any other Illinois law or prevent a party from otherwise seeking relief under the Code of Civil Procedure.

Section 25. Waiver void. Any waiver of the provisions of this Act is void and unenforceable.