Operates a social platform, in Illinois

815 ILCS 530/40 (P.A. 97-483, eff. 1 January 2012) · 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.

815 ILCS 530/45 (P.A. 99-503, eff. 1 January 2017) · 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.