Illinois 2025-2026 Regular Session

Illinois House Bill HB3152 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3152 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: New Act Creates the General Assembly Privacy Act. Provides that government agencies shall not publicly post or display publicly available content that includes a member of the General Assembly's personal information, provided that the government agency has received a written request from the member. Prohibits a person, business, or association from soliciting, selling, or trading on the Internet a members's personal information with the intent to pose an imminent and serious threat to the health and safety of the member's immediate family. Allows for civil damages of not less than $10,000. Makes it a Class 3 felony to knowingly post personal information of the member's immediate family, if the person knows or reasonably should know the posting poses an imminent and serious threat to the health and safety of the member or the member's immediate family, and the posting is a proximate cause of bodily injury or death of the member or the member's immediate family. LRB104 08889 SPS 18944 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3152 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: New Act New Act Creates the General Assembly Privacy Act. Provides that government agencies shall not publicly post or display publicly available content that includes a member of the General Assembly's personal information, provided that the government agency has received a written request from the member. Prohibits a person, business, or association from soliciting, selling, or trading on the Internet a members's personal information with the intent to pose an imminent and serious threat to the health and safety of the member's immediate family. Allows for civil damages of not less than $10,000. Makes it a Class 3 felony to knowingly post personal information of the member's immediate family, if the person knows or reasonably should know the posting poses an imminent and serious threat to the health and safety of the member or the member's immediate family, and the posting is a proximate cause of bodily injury or death of the member or the member's immediate family. LRB104 08889 SPS 18944 b LRB104 08889 SPS 18944 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3152 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
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55 Creates the General Assembly Privacy Act. Provides that government agencies shall not publicly post or display publicly available content that includes a member of the General Assembly's personal information, provided that the government agency has received a written request from the member. Prohibits a person, business, or association from soliciting, selling, or trading on the Internet a members's personal information with the intent to pose an imminent and serious threat to the health and safety of the member's immediate family. Allows for civil damages of not less than $10,000. Makes it a Class 3 felony to knowingly post personal information of the member's immediate family, if the person knows or reasonably should know the posting poses an imminent and serious threat to the health and safety of the member or the member's immediate family, and the posting is a proximate cause of bodily injury or death of the member or the member's immediate family.
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1111 1 AN ACT concerning State government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Article 1. GENERAL PROVISIONS
1515 5 Section 1-1. Short title. This Act may be cited as the
1616 6 General Assembly Privacy Act.
1717 7 Section 1-5. Definitions. As used in this Act:
1818 8 "Government agency" includes all agencies, authorities,
1919 9 boards, commissions, departments, institutions, offices, and
2020 10 any other bodies politic and corporate of the State created by
2121 11 the constitution or statute, whether in the executive,
2222 12 judicial, or legislative branch; all units and corporate
2323 13 outgrowths created by executive order of the Governor or any
2424 14 constitutional officer, by the Supreme Court, or by resolution
2525 15 of the General Assembly; or agencies, authorities, boards,
2626 16 commissions, departments, institutions, offices, and any other
2727 17 bodies politic and corporate of a unit of local government, or
2828 18 school district.
2929 19 "Home address" includes a member's permanent residence and
3030 20 any secondary residences affirmatively identified by the
3131 21 member, but does not include a member's work address.
3232 22 "Immediate family" includes a member's spouse, child,
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3939 Creates the General Assembly Privacy Act. Provides that government agencies shall not publicly post or display publicly available content that includes a member of the General Assembly's personal information, provided that the government agency has received a written request from the member. Prohibits a person, business, or association from soliciting, selling, or trading on the Internet a members's personal information with the intent to pose an imminent and serious threat to the health and safety of the member's immediate family. Allows for civil damages of not less than $10,000. Makes it a Class 3 felony to knowingly post personal information of the member's immediate family, if the person knows or reasonably should know the posting poses an imminent and serious threat to the health and safety of the member or the member's immediate family, and the posting is a proximate cause of bodily injury or death of the member or the member's immediate family.
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6767 1 parent, or any blood relative of the member or the member's
6868 2 spouse who lives in the same residence.
6969 3 "Member" means a member of the Illinois General Assembly.
7070 4 "Personal information" means a home address, home
7171 5 telephone number, mobile telephone number, pager number,
7272 6 personal email address, social security number, federal tax
7373 7 identification number, checking and savings account numbers,
7474 8 credit card numbers, marital status, and identity of children
7575 9 under the age of 18.
7676 10 "Publicly available content" means any written, printed,
7777 11 or electronic document or record that provides information or
7878 12 that serves as a document or record maintained, controlled, or
7979 13 in the possession of a government agency that may be obtained
8080 14 by any person or entity, from the Internet, from the
8181 15 government agency upon request either free of charge or for a
8282 16 fee, or in response to a request under the Freedom of
8383 17 Information Act.
8484 18 "Publicly post" or "publicly display" means to communicate
8585 19 to another or otherwise make available to the general public.
8686 20 "Written request" means written notice signed by a member
8787 21 or a representative of the member's employer requesting a
8888 22 government agency, person, business, or association to refrain
8989 23 from posting or displaying publicly available content that
9090 24 includes the member's personal information.
9191 25 Article 5. CIVIL PROVISIONS
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102102 1 Section 5-1. Publicly posting or displaying a member's
103103 2 personal information by government agencies.
104104 3 (a) Government agencies shall not publicly post or display
105105 4 publicly available content that includes a member's personal
106106 5 information, provided that the government agency has received
107107 6 a written request in accordance with Section 5-5 that it
108108 7 refrain from disclosing the member's personal information.
109109 8 After a government agency has received a written request, that
110110 9 agency shall remove the member's personal information from
111111 10 publicly available content within 5 business days. After the
112112 11 government agency has removed the member's personal
113113 12 information from publicly available content, the agency shall
114114 13 not publicly post or display the information and the member's
115115 14 personal information shall be exempt from the Freedom of
116116 15 Information Act unless the government agency has received
117117 16 consent from the member to make the personal information
118118 17 available to the public.
119119 18 (b) Redress. If a government agency fails to comply with a
120120 19 written request to refrain from disclosing personal
121121 20 information, the member may bring an action seeking injunctive
122122 21 or declaratory relief in any court of competent jurisdiction.
123123 22 Section 5-5. Publicly posting a member's personal
124124 23 information on the Internet by persons, businesses, and
125125 24 associations.
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136136 1 (a) Prohibited Conduct.
137137 2 (1) All persons, businesses, and associations shall
138138 3 refrain from publicly posting or displaying on the
139139 4 Internet publicly available content that includes a
140140 5 member's personal information, provided that the member
141141 6 has made a written request to the person, business, or
142142 7 association that it refrain from disclosing the personal
143143 8 information.
144144 9 (2) No person, business, or association shall solicit,
145145 10 sell, or trade on the Internet a member's personal
146146 11 information with the intent to pose an imminent and
147147 12 serious threat to the health and safety of the member or
148148 13 the member's immediate family.
149149 14 (3) This subsection includes, but is not limited to,
150150 15 Internet phone directories, Internet search engines,
151151 16 Internet data aggregators, and Internet service providers.
152152 17 (b) Required Conduct.
153153 18 (1) After a person, business, or association has
154154 19 received a written request from a member to protect the
155155 20 privacy of the member's personal information, that person,
156156 21 business, or association shall have 72 hours to remove the
157157 22 personal information from the Internet.
158158 23 (2) After a person, business, or association has
159159 24 received a written request from a member, that person,
160160 25 business, or association shall ensure that the member's
161161 26 personal information is not made available on any website
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172172 1 or subsidiary website controlled by that person, business,
173173 2 or association.
174174 3 (3) After receiving a member's written request, no
175175 4 person, business, or association shall transfer the
176176 5 member's personal information to any other person,
177177 6 business, or association through any medium.
178178 7 (c) Redress. A member whose personal information is made
179179 8 public as a result of a violation of this Act may bring an
180180 9 action seeking injunctive or declaratory relief in any court
181181 10 of competent jurisdiction. If the court grants injunctive or
182182 11 declaratory relief, the person, business, or association
183183 12 responsible for the violation shall be required to pay the
184184 13 member's costs and reasonable attorney's fees.
185185 14 Section 5-10. Procedure for completing a written request.
186186 15 (a) Requirement that a member make a written request. No
187187 16 government agency, person, business, or association shall be
188188 17 found to have violated any provision of this Act if the member
189189 18 fails to submit a written request calling for the protection
190190 19 of the member's personal information.
191191 20 (b) Written request procedure. A written request shall be
192192 21 valid if the member, or an agent of the member, sends a written
193193 22 request directly to a government agency, person, business, or
194194 23 association.
195195 24 (c) A representative of the member may submit a written
196196 25 request on the member's behalf, provided that the member gives
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207207 1 written consent to the representative and provided that the
208208 2 representative agrees to furnish a copy of that consent when a
209209 3 written request is made. The representative shall submit the
210210 4 written request as provided in subsection (b).
211211 5 (d) Information to be included in the written request. A
212212 6 member's written request shall specify what personal
213213 7 information shall be maintained private.
214214 8 If a member wishes to identify a secondary residence as a
215215 9 home address, the designation shall be made in the written
216216 10 request.
217217 11 A member shall disclose the identity of the member's
218218 12 immediate family and indicate that the personal information of
219219 13 these family members shall also be excluded to the extent that
220220 14 it could reasonably be expected to reveal the personal
221221 15 information of the member.
222222 16 (e) Duration of the written request. A member's written
223223 17 request is valid until the member provides the government
224224 18 agency, person, business, or association with written
225225 19 permission to release the private information. A member's
226226 20 written request expires on death.
227227 21 Article 10. CRIMINAL PROVISIONS
228228 22 Section 10-1. Unlawful publication of personal
229229 23 information. It is unlawful for any person to knowingly
230230 24 publicly post on the Internet the personal information of the
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241241 1 member's immediate family if the person knows or reasonably
242242 2 should know that publicly posting the personal information
243243 3 poses an imminent and serious threat to the health and safety
244244 4 of the member's immediate family, and the violation is a
245245 5 proximate cause of bodily injury or death of the member or the
246246 6 member's immediate family. A person who violates this Section
247247 7 is guilty of a Class 3 felony.
248248 8 Section 10-5. Exceptions for employees of government
249249 9 agencies. Provided that the employee of a government agency
250250 10 has complied with the conditions set forth in Article 5, it is
251251 11 not a violation of Section 10-1 if an employee of a government
252252 12 agency publishes personal information, in good faith, on the
253253 13 website of the government agency in the ordinary course of
254254 14 carrying out public functions.
255255 15 Article 15. MISCELLANEOUS
256256 16 Section 15-1. Construction. This Act and any rules adopted
257257 17 to implement this Act shall be construed broadly to favor the
258258 18 protection of the personal information of members.
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