ILN Data Privacy Paper

USA - Illinois

McDonald Hopkins’ national data privacy and cybersecurity attorneys have a wealth of experience advising clients in a myriad of industries on the rapidly changing state, federal, international, and industry privacy and breach notification laws. McDonald Hopkins provides support on a daily basis and during investigations by state and federal regulators, as well assistance with: Breach coaching and incident notification International privacy compliance Payment cards and ecommerce Privacy litigation and class action Proactive measures and breach compliance Regulatory investigation and Introduction Illinois has enacted laws addressing rights and obligations related to data privacy. Companies and organizations that handle, collect, disseminate, or otherwise deal in nonpublic information have a government response Vendor relationships

number of requirements to bolster the data privacy rights and protections of residents. This paper will address the Illinois Personal Information Protection Act (815 ILCS 530/) as well as the proposed Illinois Data Protection and Privacy Act (HB3385). Governing Data Protection Legislation Overview of principal legislation - Personal Information Protection Act The principal data protection legislation in Illinois is the Personal Information Protection Act (815 ILCS 530/) (“PIPA”). PIPA was signed into law in 2005 and took effect in January 2006. The law was later updated to consider changes in technology and data collection methodology. PIPA applies only to computerized data. Under PIPA, any data collector that maintains or stores, but does not own or license, computerized data that includes personal information as described further below, shall notify the owner or licensee of such information in the event of a breach of a security of the

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