DATA PRIVACY AND PROTECTION
This legislation will significantly affect state laws regarding data privacy and consumer rights in Illinois. It emphasizes individual rights related to personal data and holds businesses accountable for the protection of that data. The bill creates a mechanism for individuals to seek legal recourse if their rights are violated, thus enhancing individuals' power over their personal data. Furthermore, it establishes a requirement for businesses to demonstrate their data handling practices and compliance to regulatory authorities, including the Attorney General, which may lead to increased scrutiny and enforcement actions against non-compliant entities.
House Bill 3385, known as the Illinois Data Privacy and Protection Act, establishes a comprehensive regulatory framework for the collection, processing, and transfer of personal data by covered entities. The bill requires that data collection, processing, or transfer must be limited to what is reasonably necessary and proportionate to provide or maintain a specific product or service requested by individuals. Covered entities are mandated to implement reasonable policies and procedures regarding data handling and ensure compliance with consumers' rights concerning their data, including the right to consent and the right to transparency regarding data practices.
Notable points of contention surrounding HB 3385 include the potential burden it may place on small businesses, which are afforded certain exemptions. Critics argue that the requirement for extensive protocols may overwhelm smaller entities that may lack the resources to comply fully with these regulations. There are also concerns regarding the implications for businesses that rely heavily on data-driven marketing strategies. Supporters of the bill argue that it is crucial for protecting consumer privacy and is a necessary response to the growing concerns over data misuse and breaches, asserting that enhanced protections are essential in today's digital landscape.