Catalog / Deploys a companion chatbot / LXD-4327

Deploys a companion chatbot, 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.
Illinois Eavesdropping Article, Interception and Civil Remedies (720 ILCS 5/14-2 as rewritten by Public Act 98-1142)since 4 lines

720 ILCS 5/14-1, 14-2, 14-3, 14-4, 14-5, 14-6 · Read the law's page

  • Do not surreptitiously record or transmit a private conversation, including one you take part in, without the consent of every other party.
  • Do not surreptitiously intercept, record or transcribe a private electronic communication to which you are not a party without the consent of every party.
  • Do not use or disclose information you know or reasonably should know was obtained in violation of the article unless every party consents, and do not make, distribute or possess a device knowing its design makes it primarily useful for surreptitious recording or interception where its use is contrary to the article.
  • If your business monitors or records employees' marketing, opinion research or telephone solicitation calls (including order-taking, customer assistance and credit collection calls) under the one-party exemption, use it only for service quality control, training or internal research, never furnish or divulge the recordings to law enforcement or any third party, stop and destroy any recording of an unrelated call, give employees notice including prominent workplace signage, and provide personal-only lines that are not monitored.
  • The rule reaches only a recording made by stealth, deception, secrecy or concealment, and only a conversation or communication a party intended to be private under circumstances reasonably justifying that expectation.
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.
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

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