Ill. Democrats Seek Private Right of Action for Health, Location Data
Health and location data bills joined a growing pile of privacy legislation at the Illinois legislature this year (see 2502070049). Both measures would include a private right of action.
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Illinois Rep. Ann Williams (D) and Sen. Celina Villanueva (D) introduced identical health data privacy bills in the state's House (HB-3494) and Senate (SB-2273) Friday.
Regulated entities “shall not collect, share, or store health data, except in specified circumstances,” the bills say: Also, it would be “unlawful for any person to sell or offer to sell health data concerning an individual without first obtaining valid authorization from the individual.” In addition, the proposals would require that “the seller and purchaser of health data must retain a copy of all valid authorizations for sale of health data for 6 years after the date of its signature or the date when it was last in effect, whichever is later.”
Also on Friday, Williams and Sen. Mary Edly-Allen (D) filed similar location privacy bills: HB-3712 and SB-2121. They would make “it unlawful for a covered entity to collect or process an individual's location information except for a permissible purpose.” Before “collecting or processing an individual's location information for one of those permissible purposes,” say the bills, “a covered entity shall provide the individual with a copy of the location privacy policy and obtain consent from that individual.”