Bill Text: IL HB3880 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Children's Privacy Protection and Parental Empowerment Act. Provides that a business that provides an online service, product, or feature likely to be accessed by children shall take specified actions, including completing a Data Protection Impact Assessment for any online service, product, or feature likely to be accessed by children. Provides that a business shall complete a Data Protection Impact Assessment on or before July 1, 2024, for any online service, product, or feature likely to be accessed by children offered to the public before July 1, 2024. Provides that any business that violates the Act shall be subject to an injunction and liable for a civil penalty of not more than $2,500 per affected child for each negligent violation or not more than $7,500 per affected child for each intentional violation. Creates the Children's Data Protection Working Group to deliver a report to the General Assembly regarding best practices for the implementation of the Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB3880 Detail]

Download: Illinois-2023-HB3880-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3880 Introduced , by Rep. Anna Moeller SYNOPSIS AS INTRODUCED:
New Act
Creates the Children's Privacy Protection and Parental Empowerment Act. Provides that a business that provides an online service, product, or feature likely to be accessed by children shall take specified actions, including completing a Data Protection Impact Assessment for any online service, product, or feature likely to be accessed by children. Provides that a business shall complete a Data Protection Impact Assessment on or before July 1, 2024, for any online service, product, or feature likely to be accessed by children offered to the public before July 1, 2024. Provides that any business that violates the Act shall be subject to an injunction and liable for a civil penalty of not more than $2,500 per affected child for each negligent violation or not more than $7,500 per affected child for each intentional violation. Creates the Children's Data Protection Working Group to deliver a report to the General Assembly regarding best practices for the implementation of the Act. Effective immediately.
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A BILL FOR
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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Children's Privacy Protection and Parental Empowerment Act.
Section 5. Definitions. As used in this Act:
"Child" or "children", unless otherwise specified, means a
consumer or consumers who are under 18 years of age.
"Data Protection Impact Assessment" means a systematic
survey to assess and mitigate risks that arise from the data
management practices of the business to children who are
reasonably likely to access the online service, product, or
feature at issue that arises from the provision of that online
service, product, or feature.
"Default" means a preselected option adopted by the
business for the online service, product, or feature.
"Likely to be accessed by children" means it is reasonable
to expect, based on the following indicators, that the online
service, product, or feature would be accessed by children:
(1) the online service, product, or feature is
directed to children as defined by the Children's Online
Privacy Protection Act (15 U.S.C. 6501 et seq.);
(2) the online service, product, or feature is

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determined, based on competent and reliable evidence
regarding audience composition, to be routinely accessed
by a significant number of children;
(3) an online service, product, or feature with
advertisements marketed to children;
(4) an online service, product, or feature that is
substantially similar or the same as an online service,
product, or feature subject to subparagraph (2);
(5) an online service, product, or feature that has
design elements that are known to be of interest to
children, including, but not limited to, games, cartoons,
music, and celebrities who appeal to children; and
(6) a significant amount of the audience of the online
service, product, or feature is determined, based on
internal company research, to be children.
"Online service, product, or feature" does not mean any of
the following:
(1) a broadband Internet access service;
(2) a telecommunications service; or
(3) the delivery or use of a physical product.
"Profiling" means any form of automated processing of
personal information that uses personal information to
evaluate certain aspects relating to a natural person,
including analyzing or predicting aspects concerning a natural
person's performance at work, economic situation, health,
personal preferences, interests, reliability, behavior,

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location, or movements.
Section 10. Requirements for businesses that provide an
online service to children.
(a) A business that provides an online service, product,
or feature likely to be accessed by children shall take all of
the following actions:
(1) Before any new online services, products, or
features are offered to the public, complete a Data
Protection Impact Assessment for any online service,
product, or feature likely to be accessed by children and
maintain documentation of this assessment as long as the
online service, product, or feature is likely to be
accessed by children. A business shall biennially review
all Data Protection Impact Assessments. The Data
Protection Impact Assessment required by this paragraph
shall identify the purpose of the online service, product,
or feature, how it uses children's personal information,
and the risks of material detriment to children that arise
from the data management practices of the business. The
Data Protection Impact Assessment shall address, to the
extent applicable, all of the following:
(A) whether the design of the online product,
service, or feature could harm children, including by
exposing children to harmful, or potentially harmful,
content on the online product, service, or feature;

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(B) whether the design of the online product,
service, or feature could lead to children
experiencing or being targeted by harmful, or
potentially harmful, contacts on the online product,
service, or feature;
(C) whether the design of the online product,
service, or feature could permit children to witness,
participate in, or be subject to harmful, or
potentially harmful, conduct on the online product,
service, or feature;
(D) whether the design of the online product,
service, or feature could allow children to be party
to or exploited by a harmful, or potentially harmful,
contact on the online product, service, or feature;
(E) whether algorithms used by the online product,
service, or feature could harm children;
(F) whether targeted advertising systems used by
the online product, service, or feature could harm
children;
(G) whether and how the online product, service,
or feature uses system design features to increase,
sustain, or extend use of the online product, service,
or feature by children, including the automatic
playing of media, rewards for time spent, and
notifications; and
(H) whether, how, and for what purpose the online

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product, service, or feature collects or processes
sensitive personal information of children.
(2) Document any risk of material detriment to
children that arises from the data management practices of
the business identified in the Data Protection Impact
Assessment required by paragraph (1) and create a timed
plan to mitigate or eliminate the risk before the online
service, product, or feature is accessed by children.
(3) Within 3 business days of a written request by the
Attorney General, provide to the Attorney General a list
of all Data Protection Impact Assessments the business has
completed.
(4) For any Data Protection Impact Assessment
completed as required by paragraph (1), make the Data
Protection Impact Assessment available, within 5 business
days, to the Attorney General pursuant to a written
request. To the extent any information contained in a Data
Protection Impact Assessment disclosed to the Attorney
General includes information subject to attorney-client
privilege or work product protection, disclosure required
by this paragraph shall not constitute a waiver of that
privilege or protection.
(5) Estimate the age of child users with a reasonable
level of certainty appropriate to the risks that arise
from the data management practices of the business or
apply the privacy and data protections afforded to

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children to all consumers.
(6) Configure all default privacy settings provided to
children by the online service, product, or feature to
settings that offer a high level of privacy, unless the
business can demonstrate a compelling reason that a
different setting is in the best interests of children.
(7) Provide any privacy information, terms of service,
policies, and community standards concisely, prominently,
and using clear language suited to the age of children
likely to access that online service, product, or feature.
(8) If the online service, product, or feature allows
the child's parent, guardian, or any other consumer to
monitor the child's online activity or track the child's
location, provide an obvious signal to the child when the
child is being monitored or tracked.
(9) Enforce published terms, policies, and community
standards established by the business, including, but not
limited to, privacy policies and those concerning
children.
(10) Provide prominent, accessible, and responsive
tools to help children, or if applicable their parents or
guardians, exercise their privacy rights and report
concerns.
(b) A business that provides an online service, product,
or feature likely to be accessed by children shall not take any
of the following actions:

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(1) Use the personal information of any child in a way
that the business knows, or has reason to know, is
materially detrimental to the physical health, mental
health, or well-being of a child.
(2) Profile a child by default unless the following
criteria are met:
(A) the business can demonstrate it has
appropriate safeguards in place to protect children;
and
(B) either of the following is true:
(i) profiling is necessary to provide the
online service, product, or feature requested and
only with respect to the aspects of the online
service, product, or feature with which the child
is actively and knowingly engaged; or
(ii) the business can demonstrate a compelling
reason that profiling is in the best interests of
children.
(3) Collect, sell, share, or retain any personal
information that is not necessary to provide an online
service, product, or feature with which a child is
actively and knowingly engaged unless the business can
demonstrate a compelling reason that the collecting,
selling, sharing, or retaining of the personal information
is in the best interests of children likely to access the
online service, product, or feature.

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(4) If the end user is a child, use personal
information for any reason other than a reason for which
that personal information was collected, unless the
business can demonstrate a compelling reason that use of
the personal information is in the best interests of
children.
(5) Collect, sell, or share any precise geolocation
information of children by default unless the collection
of that precise geolocation information is strictly
necessary for the business to provide the service,
product, or feature requested and then only for the
limited time that the collection of precise geolocation
information is necessary to provide the service, product,
or feature.
(6) Collect any precise geolocation information of a
child without providing an obvious sign to the child for
the duration of that collection that precise geolocation
information is being collected.
(7) Use dark patterns to lead or encourage children to
provide personal information beyond what is reasonably
expected to provide that online service, product, or
feature to bypass privacy protections, or to take any
action that the business knows, or has reason to know, is
materially detrimental to the child's physical health,
mental health, or well-being.
(8) Use any personal information collected to estimate

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age or age range for any other purpose or retain that
personal information longer than necessary to estimate
age. Age assurance shall be proportionate to the risks and
data practice of an online service, product, or feature.
(c) A Data Protection Impact Assessment conducted by a
business for the purpose of compliance with any other law
complies with this Section if the Data Protection Impact
Assessment meets the requirements of this Act. A single Data
Protection Impact Assessment may contain multiple similar
processing operations that present similar risks only if each
relevant online service, product, or feature is addressed.
Section 15. Children's Data Protection Working Group.
(a) The Children's Data Protection Working Group is hereby
created to deliver a report to the General Assembly, as
described in subsection (e), regarding best practices for the
implementation of this Act.
(b) Working group members shall consist of residents of
this State with expertise in at least 2 of the following areas:
(1) children's data privacy;
(2) physical health;
(3) mental health and well-being;
(4) computer science; and
(5) children's rights.
(c) The working group shall select a chairperson and a
vice chairperson from among its members and shall consist of

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the following 8 members:
(1) two members appointed by the Governor;
(2) two members appointed by the President of the
Senate;
(3) two members appointed by the Speaker of the House
of Representatives; and
(4) two members appointed by the Attorney General.
(d) The working group shall take input from a broad range
of stakeholders, including from academia, consumer advocacy
groups, and small, medium, and large businesses affected by
data privacy policies and shall make recommendations to the
General Assembly on best practices regarding, at minimum, all
of the following:
(1) identifying online services, products, or features
likely to be accessed by children;
(2) evaluating and prioritizing the best interests of
children with respect to their privacy, physical health,
and mental health and well-being and evaluating how those
interests may be furthered by the design, development, and
implementation of an online service, product, or feature;
(3) ensuring that age assurance methods used by
businesses that provide online services, products, or
features likely to be accessed by children are
proportionate to the risks that arise from the data
management practices of the business, privacy protective,
and minimally invasive;

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(4) assessing and mitigating risks to children that
arise from the use of an online service, product, or
feature; and
(5) publishing privacy information, policies, and
standards in concise, clear language suited for the age of
children likely to access an online service, product, or
feature.
(e) On or before January 1, 2024, and every 2 years
thereafter, the working group shall submit a report to the
General Assembly regarding the recommendations described in
subsection (d).
(f) The members of the working group shall serve without
compensation but shall be reimbursed for all necessary
expenses actually incurred in the performance of their duties.
(g) This Section is repealed January 1, 2030.
Section 20. Data Protection Impact Assessment.
(a) A business shall complete a Data Protection Impact
Assessment on or before July 1, 2024, for any online service,
product, or feature likely to be accessed by children offered
to the public before July 1, 2024.
(b) This Section does not apply to an online service,
product, or feature that is not offered to the public on or
after July 1, 2024.
Section 25. Violations; civil penalties

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(a) Any business that violates this Act shall be subject
to an injunction and liable for a civil penalty of not more
than $2,500 per affected child for each negligent violation or
not more than $7,500 per affected child for each intentional
violation, that shall be assessed and recovered only in a
civil action brought by the Attorney General.
(b) If a business is in substantial compliance with the
requirements of paragraphs (1) through (4) of subsection (a)
of Section 10, the Attorney General shall provide written
notice to the business, before initiating an action under this
Act, identifying the specific provisions of this Act that the
Attorney General alleges have been or are being violated.
(c) If, within 90 days after the notice required by
subsection (b), the business cures any noticed violation and
provides the Attorney General a written statement that the
alleged violations have been cured, and sufficient measures
have been taken to prevent future violations, the business
shall not be liable for a civil penalty for any violation cured
under this subsection.
(d) Any penalties, fees, and expenses recovered in an
action brought under this Act shall be deposited in the
General Revenue Fund.
(e) Nothing in this Act shall be interpreted to serve as
the basis for a private right of action under this Act or any
other law.
(f) The Attorney General may solicit broad public

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participation and adopt regulations to clarify the
requirements of this Act.
Section 99. Effective date. This Act takes effect upon
becoming law.