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Illinois Employment Law Updates: September 2019

Illinois Governor Pritzker amended the Personal Information Protection Act to include a mandatory notice of any and all breaches to be reported to the Attorney General. 

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Employment Law Update: Personal Information Protection Act Amended

This law, amended in August, is effective as of January 1, 2020.

On August 9, 2019, Governor J.B. Pritzker signed legislation (S.B. 1624) amending Illinois’ Personal Information Protection Act to require data collectors that are required to issue data breach notices to more than 500 Illinois residents, as a result of a single security breach, to also provide notice to the Illinois Attorney General (AG) that contains:

  • A description of the nature of the breach, unauthorized acquisition, or use;
  • The number of Illinois residents affected by the incident at the time of notification; and
  • Any steps the data collector has taken, or plans to take, related to the incident.

Notice to the AG must be completed in the most expedient time possible, without unreasonable delay, and no later than when notice is provided to consumers. If the date of the breach is unknown when the notice is sent to the AG, then the data collector must send it as soon as possible. Upon receipt of the notice, the AG may publish the name of the data collector that suffered the breach, the types of personal information compromised, and its date range.

The law is effective January 1, 2020.

Read IL S.B. 1624

Who will be affected by this IL PIPA amendment?

Any Illinois institution who “handles, collects, disseminates, or otherwise deals with nonpublic personal information” is considered a data collector and is directly affected by this amendment.

What constitutes "Personal Data"?

“Personal data” is defined as an individual’s first name (or initial) and last name, in combination with any one or more of the following:

  • Driver’s license number or State identification card number
  • Social security number
  • Account number or credit or debit card number
  • An account number or credit card number in combination with any security code, access code or password that would allow access to an individual’s financial properties.

If you have questions about this employment law update, our advisors can help your company navigate every new change, requirement, legislation, law and regulation. Give us a call to see how we can help streamline HR.

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