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ISBA Statehouse Review for the week of June 23, 2016

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Personal Information Protection Act (Public Act 99-503), Cell site simulator device (Senate Bill 2343), Mechanics Lien Act (Senate Bill 2450), Predatory lending database program (Senate Bill 2677), and Condominium and Common Interest Community Ombudsperson Act. (House Bill 4658). More information on each bill is available below the video.

Personal Information Protection Act. Public Act 99-503 (Biss, D-Skokie; Williams, D-Chicago) makes the following changes to the existing Act.

(1) Expands the definition of protected “personal information” to include a person’s first name or first initial and the last name that are encrypted or redacted but the unlocking keys have been breached to allow one of several “data elements” to be unlawfully acquired. 

(2) Expands “data elements” to include medical information, health insurance information, unique biometric data.

(3) Expands protected “personal information” to include user name or email address and password or security question information that permits a person’s online accounts to be breached.

(4) Requires a data collector that owns, licenses, maintains, or stores records that contain personal information of Illinois resident to implement and maintain reasonable security measures to protect those records from unauthorized access or use.

 (5) Compliance with the federal HIPAA complies with this Act as long as the covered entity provides notice of a breach to the Illinois Attorney General within five business days after notifying the Secretary of Health and Human Services.

Effective January 1, 2017.

Cell site simulator device. Senate Bill 2343 (Biss, D-Skokie; Williams, D-Chicago) creates the Citizen Privacy Protection Act to regulate the use of “stingrays” that simulate a cell site tower to trick cell phones into using them. This bill prevents law enforcement from using stingrays unless they get a court order based on probably cause and may only be used for to locate or track of a communications device. Sent to the Governor. 

Mechanics Lien Act. Senate Bill 2450 (Althoff, R-McHenry; Nekritz, D-Buffalo Grove) extends the sunset for current law until December 31, 2020. It requires work to be done or materials furnished to obtain a lien within three years for residential property and five years for any other kind of property. Passed both chambers.

Predatory lending database program. Senate Bill 2677 (Althoff, R-McHenry; Tryon, R-Crystal Lake) requires a copy of a lis pendens for a residential mortgage foreclosure in the program area to be filed electronically with the Department of Financial and Professional Regulation after July 1, 2016. Passed both chambers.

Condominium and Common Interest Community Ombudsperson Act. House Bill 4658 (Nekritz, D-Buffalo Grove; Althoff, R-McHenry) makes a number of changes to this Act. (1) Exempts from FOIA any information collected by the Department of Financial and Professional Regulation. This exemption does not extend to educational, training, outreach material, statistical data, or operational information maintained by the Department in administering the Act. (2) Clarifies that neither the Ombudsperson nor the Department has the authority to consider matters that may constitute unlawful discrimination under local, State, or federal law. (3) Makes numerous technical changes including deleting the registration requirement by an entity. (4) Pushes back the repeal date of the entire Act by one year to July 1, 2022. Passed both chambers.

Posted on June 23, 2016 by Chris Bonjean
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