Illinois House Bill HB3438

Illinois 2023-2024 Regular Session

• Introduced: 2/17/23
• Refer: 2/17/23

Caption

KEEP INTERNET DEVICES SAFE ACT

Impact

The legislation introduces new standards for consent, requiring clear consumer agreements or privacy notices that detail the functionalities of the digital device's microphone. Furthermore, any entity that collects information via these devices is obligated to implement and maintain reasonable security measures to protect such data from unauthorized access or misuse. By establishing these guidelines, the bill seeks to curtail unauthorized surveillance and instill greater confidence in the use of internet-connected devices.

Summary

House Bill 3438, known as the Keep Internet Devices Safe Act, seeks to enhance the privacy and security of users by regulating how digital devices, notably those containing microphones, can be operated by private entities. The bill mandates that no private entity may enable or turn on a device's microphone without obtaining express consent from the registered account holder or the individual configuring the device. This requirement aims to ensure users are fully informed about when their devices are listening and what data is potentially being collected.

Contention

One notable aspect of HB3438 is its enforcement provision, which designates exclusive authority to the Attorney General to oversee compliance with the Act. This aspect emphasizes the state’s commitment to safeguarding consumer rights but also raises discussions about the adequacy of resources for enforcement. Additionally, the bill declares any waiver of its provisions as void and unenforceable, highlighting the importance of user consent and reinforcing the consumer’s rights in the digital realm. However, discussions around potential implications for businesses that utilize microphones in their devices have brought some contention among stakeholders, with concerns regarding operational capacity and compliance.