Catalog / Generates content with AI / LXD-0643

Generates content with AI, in Illinois

Each law's tag says when it binds: since in force proposed proposed

Personal Information Protection Act, safe disposal of personal informationsince 4 lines

815 ILCS 530/40 (P.A. 97-483, eff. ) · Read the law's page

  • This binds any person, including a natural person, a corporation, another legal entity, a unit of local government, or the State of Illinois or one of its agencies, that disposes of materials containing personal information about an Illinois resident, except a financial institution regulated under Gramm-Leach-Bliley Act Title V or a person subject to the disposal rule at 15 U.S.C. 1681w.
  • Dispose of paper records containing personal information by redacting, burning, pulverizing, or shredding them, and destroy or erase electronic media containing personal information, so the information cannot practicably be read or reconstructed.
  • As a third party contracted by a person to dispose of the materials, implement and monitor compliance with policies and procedures that prohibit unauthorized access to, acquisition of, or use of personal information during collection, transportation, and disposal.
  • A violation carries a civil penalty of up to $100 per individual whose information was improperly disposed of, capped at $50,000 per instance of improper disposal, imposed by the Attorney General after notice and an opportunity to be heard; Section 20 separately deems a violation of this Act an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act, opening the Attorney General's and a private plaintiff's remedies under 815 ILCS 505/7 and 505/10a as well.
Personal Information Protection Act, data security dutysince 2 lines

815 ILCS 530/45 (P.A. 99-503, eff. ) · Read the law's page

  • Implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification, or disclosure.
  • Require, by contract, that any party to whom personal information is disclosed also implement and maintain reasonable security measures over it.
  • This binds any data collector, including a government agency, a public or private university, or a privately or publicly held corporation, that owns, licenses, maintains, or stores records containing personal information about an Illinois resident.
  • A data collector already subject to and compliant with Gramm-Leach-Bliley Act Title V standards, or with a state or federal law that requires greater protection, is deemed to comply with this duty.
  • There is no dedicated penalty for this section; a violation is deemed an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act, exposing a violator to a private action for actual damages and attorneys' fees under 815 ILCS 505/10a and to an Attorney General action for injunctive relief and a civil penalty of up to $50,000, or up to $50,000 per violation where the court finds intent to defraud, under 815 ILCS 505/7.
Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act, digitally altered imagessince 2 lines

740 ILCS 190/5, 10, 25 (P.A. 103-294, eff. ) · Read the law's page

  • Do not intentionally disseminate or threaten to disseminate a private sexual image, including one that is digitally altered, of an identifiable person without their consent.
  • Disclosing that the image was digitally altered, such as AI-generated, is not a defense to liability.
HB 4762 / P.A. 103-0830 (2024), Digital Voice and Likeness Protection Act: unenforceable digital replica provisions in service agreementssince 2 lines

Digital Voice and Likeness Protection Act, P.A. 103-0830 (HB 4762, eff. ) · Read the law's page

  • If an agreement for personal or professional services lets you create and use a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person, include a reasonably specific description of the intended uses of the digital replica; otherwise the provision is unenforceable unless the individual was represented by legal counsel who negotiated the licensing of the digital replica rights under a written agreement, or by a labor union whose collective bargaining agreement expressly covers uses of digital replicas.
  • Section 10 applies only to agreements entered into after .
Right of Publicity Act, unauthorized AI digital replica prohibitionsince 3 lines

765 ILCS 1075/5, 20, 30, 35 (P.A. 103-0836, eff. ) · Read the law's page

  • Do not knowingly distribute, transmit, or make available to the public a sound recording or audiovisual work that you know contains an unauthorized digital replica of a real person's voice, image, or likeness.
  • A digital replica used for news, public affairs, documentary, biographical, comment, criticism, or parody purposes falls outside this prohibition unless it falsely creates the impression that the depicted individual actually participated in the work.
  • If you only transmit, store, or provide access to user-supplied material, you are not liable for an unauthorized digital replica in it unless you have actual knowledge of it and fail to act expeditiously to remove or disable access.
Child sexual abuse material, computer-generated and digitally altered depictionssince 2 lines

720 ILCS 5/11-20.1 (P.A. 104-245, eff. ) · Read the law's page

  • An artificial-intelligence-generated or digitally altered image or video that is or appears to be a child under 18 is child sexual abuse material regardless of how it was produced; do not film, produce, disseminate, solicit, or possess one.
  • A still-image violation is a Class 1 felony and a moving-image violation a Class X felony for most violations, each with a mandatory minimum fine between $1,000 and $2,000 and a maximum fine of $100,000; every tier becomes a Class X felony, or a mandatory 9-year minimum for a repeat offender, where the child depicted is under 13.
Consumer Fraud Chatbot Disclosure (HB 3021 / SB 317)proposed2 lines

HB 3021, 104th Gen. Assembly (House Floor Amendment No. 1 re-referred to Rules Committee ); SB 317 companion bill

  • This measure is in committee and binds nobody yet; what follows is what it would require if it is enacted in this form.
  • Do not use a chatbot, AI agent, avatar, or similar conversational system commercially in a way that may mislead a reasonable consumer into believing they are interacting with a human, unless a clear and conspicuous disclosure is made that the consumer is communicating with an AI system.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 2,
    • Personal Information Protection Act, safe disposal of personal information: 1 line reworded
  2. Revision 1, : the entry was first published.

See also

Page updated .