HB 3358

Abstract

Amends the Personal Information Protection Act. Makes a technical change in a Section concerning the short title. House Committee Amendment No. 2 Deletes reference to: 815 ILCS 530/1 Adds reference to: New Act Replaces everything after the enacting clause. Creates the Data Transparency and Privacy Act. Finds that individuals have a right to privacy in information pertaining to the individual. Provides that an entity that collects through the Internet personal information about individual consumers must make disclosures to the individual regarding the collection of the information. Establishes that a consumer has a right to opt out of the sale of the consumer's information. Provides for enforcement by the Attorney General. Effective April 1, 2020. Fiscal Note, House Committee Amendment No. 2 (Office of the Attorney General) The proposed legislation, HB 3358 (H-AM 2) may require our Consumer Bureau to hire up to three additional privacy attorneys to undertake the additional privacy enforcement that may be required by the bill. Privacy enforcement is a specialized area for which attorneys must be knowledgeable in data security, which can get very technical and requires additional training and certifications, such as the Certified Information Privacy Professional designation issued by the International Association of Privacy Professionals. Because of the specialized nature of this work and the demand for attorneys with this expertise, we anticipate the salary of each attorney hired to perform the work required by this bill to be $86,500 each. Additional costs related to retirement contributions, social security , and group insurance would total $77,578 for each attorney. Because of the uncertainty in the additional level of work this bill may require of our Consumer Bureau, we estimate the costs to our office to range from $164,078, for one attorney, up to $494,234 for three attorneys. House Floor Amendment No. 3 Replaces everything after the enacting clause. Creates a Data Transparency and Privacy Act different than that contained in House Amendment No. 2. Finds that individuals have a right to privacy and a personal property interest in information pertaining to the individual. Provides that an entity that collects through the Internet personal information about individual consumers must make disclosures to the individual regarding the collection of the information. Exempts from the protections information collected while a natural person is acting in an employment context. Establishes that a consumer has a right to opt out of the sale of the consumer's information. Creates exemptions for certain retail transactions, credit arrangements, and government program utilization. Provides for enforcement by the Attorney General. Provides that there is no private right of action to enforce the Act. Effective April 1, 2020. State Mandates Fiscal Note, House Committee Amendment No. 2 (Dept. of Commerce & Economic Opportunity) This bill does not create a State mandate. Fiscal Note, House Floor Amendment No. 3 (Office of the Attorney General) The proposed legislation, HB 3358, as amended by House Amendment #3, may require our Consumer Bureau to hire up to three additional privacy attorneys to undertake the additional privacy enforcement that may be required by the bill. Privacy enforcement is a specialized area for which attorneys must be knowledgeable in data security, which can get very technical and requires additional training and certifications, such as the Certified Information Privacy Professional designation issued by the International Association of Privacy Professionals. Because of the specialized nature of this work and the demand for attorneys with this expertise, we anticipate the salary of each attorney hired to perform the work required by this bill to be $86,500 each. Additional costs related to retirement contributions, social security, and group insurance would total $77,578 for each attorney. Because of the uncertainty in the additional level of work this bill may require of our Consumer Bureau, we estimate the costs to our office to range from $164,078, for one attorney, up to $494,234 for three attorneys. Fiscal impact: Uncertain Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts) This bill would neither increase nor decrease the number of judges needed in the State of Illinois.