Capitol - Your Illinois News Radar » Rauner vetoes Geolocation Privacy Protection Act
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
To subscribe to Capitol Fax, click here.
Rauner vetoes Geolocation Privacy Protection Act

Friday, Sep 22, 2017

* Press release…

This afternoon Governor Rauner vetoted House Bill 3449, the Geolocation Privacy Protection Act. The legislation requires apps and services clearly and conspicuously inform you and receive your consent before collecting your geolocation information. The legislation was supported by Digital Privacy Alliance, American Civil Liberties Union of Illinois, Center for Democracy & Technology, Illinois PIRG, Chicago Alliance Against Sexual Exploitation, Promoting Awareness | Victim Empowerment, Cook County Sheriff’s Office, DataMade, SpiderOak, Social Change, Consumer Watchdog, and Privacy Rights Clearinghouse.

In response to Govern Rauner’s action, Illinois PIRG Director Abe Scarr made the following statement:

The Equifax breach has brought much needed attention to what can go wrong when vast amounts of private personal information is collected, stored and shared and sold in the big-data economy.

Signing HB3449 into law would have been a clear demonstration that Illinois is a leader in the technology industry and is forward thinking. Unfortunately, the Governor chose big business over protecting of Illinois citizens.

Many consumers understand some apps, especially when location-based like ride-sharing or maps, collect location data about them, but would be surprised to know that some collect it constantly or that the location information is then shared or sold. Very few know that more apps, including children’s game apps, also collect geolocation information.

Consumers deserve clear and conspicous iniformation about when and how their location may be tracked and the opportunity to provide informed consent or to opt out.

* There is no veto message online as I write this and no press release from the governor, but this is from a Public Radio story

But some in the state’s business community see this as an added burden. They say it would divert focus from the actual protection of consumer data.

“And that’s where the money and the focus and the time should be going,” says Tanya Trishe, vice president and general counsel for the Illinois Retail Merchants Association. She explains companies need to “ensure that they’re spending all of their really valuable resources ensuring that the private information of consumers that they have is not being attacked.” […]

Trishe–from the Illinois Retail Merchants Association–says talks with the governor’s office have been positive and they remain hopeful he will veto the measure.

* From the Chicagoland Chamber…

“The Chicagoland Chamber applauds the Governor for vetoing HB 3449 and for subsequently protecting the jobs of Illinoisans across the technology, retail and small business communities of our state. Protecting consumer privacy is important, but not when that legislation is designed to open up businesses of all sizes to litigation. This bill would have directly contradicted the FTC’s call for short, in-context disclosures, which are more effective and easier for consumers to understand. We hope to continue dialogue around this topic in the future in order to achieve protections in a real and meaningful manner, and not to enrich trial attorneys,” said Michael Reever, acting president & CEO, Chicagoland Chamber of Commerce.

…Adding… IRMA…

“This geolocation bill would have diverted resources and focus away from the actual protection of consumer data. Today’s business owners are on the front-lines of international cyber-warfare and are working tirelessly to ensure that their customer’s important private information is appropriately protected. Anyone who utilizes data needs cooperation, not additional requirements, that diverts focus and resources from the core mission. We applaud Governor Rauner for recognizing where the focus, and the resources, should be.”

* IL Chamber…

The Illinois Chamber of Commerce supports Gov. Bruce Rauner’s veto of HB 3449, the Geolocation Privacy Protection Act, which would have placed significant burden on businesses and consumers throughout Illinois.

HB 3449 would have stifled innovation in Illinois’ tech industry, burdened app users, and given Illinois a bad reputation in comparison to other states for enacting more regulations on job creators.

“It comes down to what message we want to send our innovators looking to invest in Illinois. With the governor’s veto, the message is clear Illinois is pro-business and welcomes companies of all sizes to invest here. The governor vetoing this bill is positive news for Illinois’ emerging tech industry and developing economy,” Illinois Chamber of Commerce President and CEO Todd Maisch said.

Illinois tech startups and businesses would have been substantially burdened by the bill’s complicated requirements. HB 3449 would have duplicated existing requirements already in place by the Federal Trade Commission, put businesses of all sizes at risk of frivolous lawsuits, and made the app experience for consumers less user friendly.

“There’s a misconception that this bill came from consumers looking for more privacy protection. In reality, special interest groups who would directly benefit from the bill’s increased compliance burden were the ones pushing for its enactment. Engineering liability that targets job creators does not put Illinois on a path to prosperity,” Illinois Chamber of Commerce Director of Legislative Relations Tyler Diers said.

Startups and small businesses play a huge part in Illinois’ economy and would have been directly affected by this legislation.

“This bill places an undue burden on many startups and small businesses, which will greatly affect their ability to operate in the state of Illinois,” Maisch said. “Killing this legislation is one step in the fight to protect our job creators from bad policies.”

* IL Data Security Alliance…

“Vetoing this legislation is a step in the right direction for the tech industry, as well as businesses of all sizes throughout the entire state,” said Todd Maisch, President and CEO of the Illinois Chamber of Commerce. “At the Illinois Chamber, we want to find ways to encourage development in the tech industry, and we feel today’s action by the Governor does just that. Without this veto, some of Illinois’ fastest growing businesses would be forced into complying with unnecessary and redundant hurdles that could have unfortunate consequences on our state’s economy. For these reasons, we fully support the Governor’s decision to veto House Bill 3449.”

House Bill 3449 was brought about as a disclosure law on the use of geolocation information. However, online companies are already subject to robust privacy oversight by the U.S. Federal Trade Commission, who has actively enforced privacy and data security protections for over two decades.

While ensuring the online privacy of Illinois consumers is of the utmost importance, the language in the proposed legislation did not provide additional protections in any way. For this reason, no state has enacted a law similar to HB 3449.

…Adding More… Here’s the veto message…

Veto Message for HB 3449

To the Honorable Members of
The Illinois House of Representatives,
100th General Assembly:

Today I veto House Bill 3449 from the 100th General Assembly, which would add an unnecessary and byzantine layer of state regulation to the use of most electronic devices by mandating additional prohibitions and penalties.

Protection of consumer privacy is an important goal that I fully support, but this legislation only serves to make things unnecessarily complicated where federal privacy regulations are the proper format for uniform and consistent consumer protections across the country.

The Federal Trade Commission (FTC) already has the broad powers granted to it in Federal Statute 15 U.S.C. §§46 (a) to protect various aspects of consumer privacy in a uniform manner across the United States, and the commerce clause in the Constitution assigns the power to regulate interstate commerce to the U.S. Congress. If further privacy legislation is required, it should be enacted by the U.S. House and U.S. Senate. In addition to federal legal protections, consumers already have full control of geolocation data capture in their device settings through most operating systems, or by limiting access within specific applications they choose to utilize on their devices. Consumers also have the freedom to demand software products with more protective terms and End User License Agreements.

To the degree that there is company abuse of these laws and policies, such as tracking people without their consent or hiding collection and disclosure practices, the solution is not yet another layer of state government rules and bureaucracy, but instead the enforcement by the Federal Trade Commission of existing laws or enforcement of existing policies by creators and distributors of digital applications.

This bill would result in job loss across the state without materially improving privacy protections for Illinoisans or making devices and their apps safer for children. The addition of this policy to Illinois’ existing burden of red tape will hurt Illinois’ growing reputation as a destination for innovation-based job creation.

Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return House Bill 3449 entitled “AN ACT concerning business”, with the foregoing objections, vetoed in its entirety.


Bruce Rauner

* And from the Digital Privacy Alliance…

The private online information of Illinoisans took a major hit today after Illinois Governor Bruce Rauner rejected House Bill 3449, the Geolocation Privacy Protection Act. Had it been signed into law, this historic piece of legislation would have provided transparency by requiring corporations that collect, use or sell Illinoisans’ geolocation information from their mobile devices to obtain their consent before tracking them.

Instead, the Governor’s veto is a betrayal of consumer trust and total failure to people who value their personal privacy. The Governor’s action is a clear message that he values his Silicon Valley friends more than the people and small businesses in Illinois. Moreover, the Governor’s veto is a direct contradiction to his public commitment to protect Illinois citizens’ online safety, exemplified by his recently touted $1 billion dollar cybersecurity initiative.

“You can throw all the money in the world at a problem, but we can’t actually protect ourselves if we aren’t aware that our geolocation information is being collected, used, and sold in the first place. By vetoing this legislation Governor Rauner signals to all Illinoisans that their privacy rights aren’t as important as big business profits,” said Digital Privacy Alliance Board of Director Peter Hanna.

House Bill 3449 is a common sense consumer protection measure that simply requires a person or corporation to get consent before tracking someone through his or her mobile device. Current law does not require a corporation to be transparent about when and why they are tracking you and your personal data, which has led to the erosion of consumer trust in technology. Such corporate disregard for consumers’ privacy was recently highlighted by a report exposing the mobile app AccuWeather for continuing to collect and share location information even though a user previously denied the apps request for access to that information.

The industry’s lack of transparency is a public safety concern of the highest order. Just this past July, the FBI warned parents that the collection of personal information from connected devices posed privacy and physical safety threats to children. A national study conducted by the National Network to End Domestic Violence found that 72 percent of victim services programs across the country had seen victims who were tracked through a stalking app installed on a mobile phone or a stand-alone GPS device, and the Washington Post revealed that half of the 2,500 children’s apps it tested failed to protect their data.

The dozens of tech startups, enterprise software companies, and web development shops around the state that have stepped up in support of the Geolocation Privacy Protection Act believe it is necessary for the protection of citizens’ privacy rights and critical for ensuring consumer trust in their industry.

“Consumer trust is eroding in today’s digitally dominated world. As an industry, if we don’t start building up that trust, we will lose customers willing to use our services or download our apps. Illinois could be at the forefront of this movement and this act is a good move to start regaining that trust,” said Derek Eder, partner at DataMade, co-founder of Open City, and leader of Chi Hack Night.

The diverse advocacy groups that have rallied behind the bill include the Digital Privacy Alliance, American Civil Liberties Union of Illinois, Center for Democracy & Technology, Illinois PIRG, Chicago Alliance Against Sexual Exploitation, Promoting Awareness | Victim Empowerment, Cook County Sheriff’s Office, Social Change, Consumer Watchdog, and Privacy Rights Clearinghouse.

“Signing this bill into law would have been a clear demonstration that Illinois is a progressive leader in the technology industry and is forward thinking. Unfortunately, the Governor chose big business over the protection of Illinois citizens,” said Director of Illinois PIRG Abe Scarr.
The Digital Privacy Alliance and its partners appreciate the leadership of Representative Ann Williams and Senator Tom Cullerton for putting this bill forward as we work to override the Governor’s veto.

- Posted by Rich Miller        

No Comments

Be the first to comment.

Sorry, comments for this post are now closed.

* SUBSCRIBERS ONLY - Partisan breakdown of newly proposed congressional map
* *** UPDATED *** Democrats release new congressional map - More Latino strength - Newman, Casten in same district - Kinzinger, LaHood mapped together - Miller, Bost mapped together
* Reader comments closed for the weekend
* Question of the day
* The debate continues over the labor force participation rate
* *** UPDATED x1 *** Pritzker expands vax/test mandate to workers at licensed day care centers
* COVID-19 roundup
* Despite pleas and even threats, IDOC worker vax rate remains about the same
* Can't somebody at the state step in and help Dixmoor with its water problem?
* Giannoulias hit for accepting campaign money from his brothers, others
* Illinois: Tell Congress To Count All Copays
* Open thread
* Yesterday's stories

Visit our advertisers...









Main Menu
Pundit rankings
Subscriber Content
Blagojevich Trial
Updated Posts

October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005


RSS Feed 2.0
Comments RSS 2.0

Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller