USA - Illinois
If passed, the DPPA would enable the Attorney General to adopt rules for purposes of carrying out the Act. This would include adjusting definitions, updating or adding categories to definitions, establishing rules and procedures to facilitate an individual’s ability to delete or correct covered data, and establishing additional exceptions to protect the rights of individuals. Additionally, any person subject to a violation of the DPPA could bring a civil action against the violating entity. If the plaintiff prevails, the court may award the plaintiff compensatory, liquidated or punitive damages. In addition, a court could award injunctive relief, declaratory relief, and/or attorney’s fees. Consequences of non-compliance The Attorney General, State’s Attorney, or municipality’s attorney may bring a civil action against any covered entity that violates the DPPA. Penalties include: Enjoining violating acts; Enforcing compliance with the DPPA; Regulatory Authorities
Obtaining civil penalties, restitution, or other compensation on behalf of residents of Illinois; Obtaining reasonable attorneys’ fees or other litigation costs. damages,
Conclusion
The Illinois legislative landscape includes robust requirements for data collectors in the event of a data breach. The Illinois Data Protection and Privacy Act includes specific parameters surrounding the protection and breach of resident data. The proposed Data Protection and Privacy Act would add to the privacy landscape in Illinois by providing individuals with increased rights as it relates to their personal data, as well as imposing increased responsibilities on entities that collect, process, and transfer such data.
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