Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2255 Compare Versions

Only one version of the bill is available at this time.

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2255 Introduced 2/7/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: New Act Creates the Surveillance-Based Price and Wage Discrimination Act. Provides that a person shall not use surveillance data as part of an automated decision system to inform the individualized price assessed to a consumer for goods or services. Provides that a person shall not use surveillance data as part of an automated decision system to inform the individualized wage paid to an employee. Sets forth exemptions to the provisions. Provides that the Attorney General shall enforce the Act. Sets forth provisions concerning private rights of action and penalties for violations. LRB104 08574 SPS 18626 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2255 Introduced 2/7/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED: New Act New Act Creates the Surveillance-Based Price and Wage Discrimination Act. Provides that a person shall not use surveillance data as part of an automated decision system to inform the individualized price assessed to a consumer for goods or services. Provides that a person shall not use surveillance data as part of an automated decision system to inform the individualized wage paid to an employee. Sets forth exemptions to the provisions. Provides that the Attorney General shall enforce the Act. Sets forth provisions concerning private rights of action and penalties for violations. LRB104 08574 SPS 18626 b LRB104 08574 SPS 18626 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2255 Introduced 2/7/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Surveillance-Based Price and Wage Discrimination Act. Provides that a person shall not use surveillance data as part of an automated decision system to inform the individualized price assessed to a consumer for goods or services. Provides that a person shall not use surveillance data as part of an automated decision system to inform the individualized wage paid to an employee. Sets forth exemptions to the provisions. Provides that the Attorney General shall enforce the Act. Sets forth provisions concerning private rights of action and penalties for violations.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning business.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the
15	15	5 Surveillance-Based Price and Wage Discrimination Act.
16	16	6 Section 5. Definitions. As used in this Act:
17	17	7 "Automated decision system" means any system, software, or
18	18	8 process, including one derived from machine learning,
19	19	9 statistics, or other data processing or artificial
20	20	10 intelligence techniques and excluding passive computing
21	21	11 infrastructure, that uses computation, the result of which is
22	22	12 used to assist or replace human decision-making.
23	23	13 "Behaviors" mean an individual's observable, measurable,
24	24	14 or inferred actions, habits, preferences, interests, or
25	25	15 vulnerabilities, including an individual's political,
26	26	16 personal, or professional affiliations, web browsing history,
27	27	17 purchase history, financial circumstances, or consumer
28	28	18 behaviors.
29	29	19 "Biometric information" means data or information
30	30	20 generated by the technological, processing, measurement, or
31	31	21 analysis of a consumer's or employee's biological, physical,
32	32	22 or behavioral characteristics, that can be used for the
33	33	23 purpose of uniquely identifying an individual. "Biometric
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2255 Introduced 2/7/2025, by Sen. Robert Peters SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Surveillance-Based Price and Wage Discrimination Act. Provides that a person shall not use surveillance data as part of an automated decision system to inform the individualized price assessed to a consumer for goods or services. Provides that a person shall not use surveillance data as part of an automated decision system to inform the individualized wage paid to an employee. Sets forth exemptions to the provisions. Provides that the Attorney General shall enforce the Act. Sets forth provisions concerning private rights of action and penalties for violations.
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42	42	LRB104 08574 SPS 18626 b
43	43	A BILL FOR
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49	49	New Act
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68	68	1 information" includes fingerprints, voiceprints, scans or
69	69	2 records of an eye retina or iris, facial maps, facial
70	70	3 geometry, facial templates, genetic information, or other
71	71	4 unique biological, physical, or behavioral patterns or
72	72	5 characteristics.
73	73	6 "Consumer" has the meaning set forth in the Consumer Fraud
74	74	7 and Deceptive Business Practices Act.
75	75	8 "Employee" has the meaning set forth in the Illinois Wage
76	76	9 Payment and Collection Act.
77	77	10 "Genetic information" has the meaning set forth in the
78	78	11 Health Insurance Portability and Accountability Act of 1996,
79	79	12 as specified in 45 CFR 160.103.
80	80	13 "Individualized" means specific to an individual or group,
81	81	14 band, class, or tier of individuals with particular personal
82	82	15 characteristics, behaviors, or biometric information.
83	83	16 "Insurer" means every person engaged as principal,
84	84	17 indemnitor, surety, or contractor in the business of making
85	85	18 insurance contracts.
86	86	19 "Personal characteristics" means individual qualities,
87	87	20 features, attributes, or traits, including immutable
88	88	21 characteristics, such as race and eye color, mutable
89	89	22 characteristics, such as address, weight, citizenship, or
90	90	23 parenthood status, and any other personally identifiable
91	91	24 information that could be used to identify an individual,
92	92	25 including social security number, name, or phone number.
93	93	26 "Price" means the amount charged to a consumer in relation
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104	104	1 to a transaction, including all related costs and fees, and
105	105	2 any other material terms of the transaction that has a direct
106	106	3 bearing on the amount paid by the consumer or the value of the
107	107	4 good or service to the consumer.
108	108	5 "Surveillance data" means data obtained through
109	109	6 observation, inference, or surveillance of a consumer or
110	110	7 employee that is related to personal characteristics,
111	111	8 behaviors, or biometric information of the individual or
112	112	9 group, band, class, or tier of individuals of which the
113	113	10 individual is a part. "Surveillance data" includes information
114	114	11 gathered, purchased, or otherwise acquired.
115	115	12 "Wage" has the meaning set forth in the Illinois Wage
116	116	13 Payment and Collection Act.
117	117	14 Section 10. Prohibit surveillance-based price
118	118	15 discrimination.
119	119	16 (a) A person shall not use surveillance data as part of an
120	120	17 automated decision system to inform the individualized price
121	121	18 assessed to a consumer for goods or services. A person does not
122	122	19 violate this subsection if the person assesses different
123	123	20 prices to different consumers based on the cost of providing
124	124	21 the good or service to the different consumers.
125	125	22 (b) This Section shall not apply to:
126	126	23 (1) an insurer in compliance with the Illinois
127	127	24 Insurance Code that only uses risk-relevant data as part
128	128	25 of an automated decision system that informs decisions
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139	139	1 related to any costs assessed to a consumer for an
140	140	2 insurance policy; or
141	141	3 (2) an entity that declines to extend credit at
142	142	4 specific terms to a consumer or enter into a transaction
143	143	5 with a consumer based on data provided in a consumer
144	144	6 report in compliance with the Fair Credit Reporting Act.
145	145	7 Section 15. Prohibit surveillance-based wage
146	146	8 discrimination.
147	147	9 (a) A person shall not use surveillance data as part of an
148	148	10 automated decision system to inform the individualized wage
149	149	11 paid to an employee. A person does not violate this subsection
150	150	12 if the person:
151	151	13 (1) offered individualized wages based solely on:
152	152	14 (A) data specific to the individual employee that
153	153	15 is directly related to the tasks the employee was
154	154	16 hired to perform; or
155	155	17 (B) differences in the cost to the employee of
156	156	18 providing labor to the person;
157	157	19 (2) discloses in plain language before hiring an
158	158	20 employee whose wages are set in whole or in part through
159	159	21 automated decision-making what data is considered and how
160	160	22 automated decision-making considers that data; and
161	161	23 (3) developed and proactively provided to employees
162	162	24 reasonable procedures to ensure the accuracy of all data
163	163	25 considered by an automated decision-making system in
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174	174	1 setting wage rates, as determined by rule.
175	175	2 (b) This Section shall not apply to a person who makes a
176	176	3 decision not to hire an employee that the person has not
177	177	4 previously employed.
178	178	5 Section 20. Enforcement. The Attorney General shall
179	179	6 enforce this Act. A person who violates this Act shall be
180	180	7 subject to a civil penalty not to exceed $10,000 for each
181	181	8 violation and reasonable attorney's fees. A violation of any
182	182	9 provision of this Act shall constitute a separate violation
183	183	10 with respect to each consumer, employee, or transaction.
184	184	11 Section 25. Private right of action.
185	185	12 (a) A person aggrieved by a violation of this Act may bring
186	186	13 a civil action on behalf of themselves or a group of similarly
187	187	14 situated persons to restrain further violations and to recover
188	188	15 damages, costs, and reasonable attorney's fees, including the
189	189	16 greater of:
190	190	17 (1) the amount of actual damages sustained;
191	191	18 (2) $3,000 for each violation; or
192	192	19 (3) 3 times the amount of actual damages sustained, if
193	193	20 it is established by clear and convincing evidence that
194	194	21 the person who violated this Act engaged in bad faith
195	195	22 conduct or intentionally violated this Act.
196	196	23 (b) A violation of any provision of this Act shall
197	197	24 constitute a separate violation with respect to each consumer,
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208	208	1 employee, or transaction.
209	209	2 Section 30. Relationship with other laws. Nothing in this
210	210	3 Act, including the enforcement authority granted to the
211	211	4 Attorney General, preempts or otherwise affects any other
212	212	5 right, claim, remedy, presumption, or defense available at law
213	213	6 or in equity.
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