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Illinois

Privacy Law Status

Comprehensive Privacy Law

Illinois does not currently have a comprehensive data privacy law in effect[1][2]. Unlike states such as California, Virginia, and Colorado, Illinois residents do not yet have broad privacy rights covering personal data collection, use, and sale by businesses. However, Illinois does maintain several specific privacy laws including the Biometric Information Privacy Act (BIPA) from 2008, which protects fingerprints and facial recognition data, and the Personal Information Protection Act (PIPA) from 2006, which requires breach notifications[3][4].

Legislative Activity

Two comprehensive privacy bills are currently active in the Illinois legislature for 2025. Senate Bill 52, titled the Privacy Rights Act, was introduced on January 13, 2025, and would create broad consumer privacy rights similar to California’s law[1][5][6]. House Bill 3041, the Illinois Data Privacy and Protection Act, was introduced on February 6, 2025, with similar consumer protections[2][7]. Both bills remain in committee and have not yet advanced to floor votes[1][2].

Previous attempts at comprehensive privacy legislation in Illinois have failed, including a 2024 proposal that faced strong opposition from business groups, particularly over provisions that would extend privacy rights to employees and job applicants[5].

Implementation Timeline

If either current bill passes, implementation would not be immediate. Senate Bill 52 would take effect 18 months after passage for most businesses, with a 30-month timeline for nonprofits and educational institutions[8]. House Bill 3041 would become effective 180 days after becoming law[2]. However, both bills face uncertain prospects and strong industry opposition, making passage this legislative session unclear[5].

Your Rights as a Illinois Resident

Currently, Illinois residents have limited comprehensive privacy rights, though two proposed bills would significantly expand protections if enacted.

  • Right to know what data is collected – Under proposed legislation, you would have the right to request information about what personal data businesses collect about you and how they use it[1][2]
  • Right to delete personal information – Proposed bills would allow you to request deletion of your personal data from business records, with certain exceptions[1][2]
  • Right to opt out of data sales – You would be able to tell businesses not to sell or share your personal information with third parties[1][2]
  • Right to correct inaccurate data – Businesses would be required to fix incorrect personal information when you request corrections[1][2]
  • Right to non-discrimination – Companies could not penalize you with different prices or services for exercising your privacy rights[1][2]

Currently, your main privacy protections come from BIPA for biometric data like fingerprints and facial scans, and PIPA’s breach notification requirements[3][4].

Business Requirements

The proposed Illinois privacy laws would impose significant obligations on businesses that collect personal data from state residents.

  • Coverage thresholds – Senate Bill 52 would apply to businesses with over $25 million in annual revenue, those buying or selling data on 100,000+ Illinois residents, or those deriving 50% of revenue from data sales[8]
  • Notice and transparency – Companies would need to provide clear privacy notices explaining what data they collect, how it’s used, and with whom it’s shared[1][2]
  • Consumer request procedures – Businesses must establish systems to respond to consumer requests for data access, deletion, correction, and opt-out within specified timeframes[1][2]
  • Security and breach notification – Enhanced data security requirements and notification procedures for data breaches affecting consumers[1][2]
  • Risk assessments – Large businesses would need to conduct formal assessments of privacy risks from their data practices[1][2]
  • Sensitive data protections – Special consent requirements for processing sensitive information like health data, biometrics, and precise location information[1][2]

Practical Impact

  • Daily life protections – If enacted, the proposed laws would give you control over how businesses use your personal information for targeted advertising, data sales, and automated decision-making that affects your life[1][2]
  • Violation remedies – Senate Bill 52 would allow you to sue businesses directly for privacy violations, seeking damages between $100-750 per incident for data breaches caused by inadequate security[5][8]
  • Current limitations – Without comprehensive privacy legislation, Illinois residents currently rely on federal laws and sector-specific state laws that leave significant gaps in protection for everyday data collection by apps, websites, and retailers[5]
  • Employment data inclusion – Uniquely, the proposed Illinois law would extend privacy rights to employee and job applicant data, unlike most other state privacy laws[5]

Comparison Context

  • Behind leading states – Illinois lags significantly behind states like California, Virginia, Colorado, and Connecticut, which already have comprehensive privacy laws in effect providing residents with data control rights[9]
  • Stronger biometric protections – Illinois leads the nation with BIPA, the strongest biometric privacy law that allows individual lawsuits and has generated over 1,500 cases since 2019[5][3]
  • Potential leadership position – If enacted, Illinois’s proposed Privacy Rights Act would be among the most protective in the country due to its inclusion of employee data and creation of a dedicated enforcement agency[5]
  • Missing federal framework – Like all states, Illinois operates without comprehensive federal privacy legislation, making state-level action crucial for resident protection[9]

Action Steps for Residents

  • Monitor legislative progress – Track Senate Bill 52 and House Bill 3041 through the Illinois General Assembly website to stay informed about potential privacy law developments[6][10]
  • Contact your legislators – Reach out to your state senator and representative to express support for privacy legislation if you want stronger protections[11][12]
  • Use existing protections – Exercise your current rights under BIPA if businesses collect your biometric information like fingerprints or facial scans without proper consent[3]
  • Report privacy violations – File complaints with the Illinois Attorney General’s office for consumer protection issues and data breaches[13][14]
  • Practice data hygiene – Use strong passwords, enable two-factor authentication, regularly review your credit reports, and be cautious about sharing personal information online[15]

Official Resources and Contact Information

Illinois State Legislature

To track privacy legislation and contact your representatives about data protection issues:

Illinois General Assembly: www.ilga.gov

Legislative Information Service: (217) 782-3944 for bill status updates

State Switchboard: (217) 782-2000 to connect with any legislator’s office

Find Your Legislators: www.ilga.gov/directory – Use this to locate your specific state senator and representative by district

Consumer Protection and Privacy Violations

Illinois Attorney General Consumer Protection:

Chicago: (800) 386-5438

Springfield: (800) 243-0618

Carbondale: (618) 529-6400

File Consumer Complaints: illinoisattorneygeneral.gov/File-A-Complaint/

Data Breach Reporting

Report Data Breaches: Email databreach@ilag.gov or call (800) 243-0618

Data Security Information: illinoisattorneygeneral.gov/consumer-protection/for-businesses/data-breach/

Legislative Engagement

When contacting legislators about privacy issues, address letters to:

The Honorable [Name]
Illinois State Senate (or House)
Statehouse
Springfield, IL 62706

During legislative session, you can also attend committee hearings on privacy bills. Call (217) 782-3944 to confirm hearing schedules for Senate Bill 52 or House Bill 3041.

Sources and Citations

Last Updated August 2025. Written with contributions from both human authors and Perplexity AI. If you find incorrect or outdated information let us know at support@optery.com.

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