Illinois Governor Enacts the Protecting Household Privacy Act, to be Effective Soon

On August 27, 2021, Governor J. B. Pritzker of Illinois signed into law HB 2553, the Protecting Household Privacy Act (“PHPA” or “Act”), which establishes constraints on the collection and use of household electronic data by law enforcement, effective January 1, 2022.

Under the Act, “household electronic data” is defined as “information or input provided by a person to a household electronic device that is capable of facilitating electronic communications.” Explicitly excluded from the definition are “personal computing devices and digital gateway devices.”

The Act generally prohibits law enforcement agencies from obtaining household electronic data “or direct[ing] the acquisition of household electronic data from a private third party.” Exceptions to this rule include:

• when a law enforcement agency first obtains a warrant,

• emergency situations exist under which:

  • there is a clear and present danger of imminent death or great bodily harm resulting from a kidnapping, abduction or holding of hostage by force or the threat of imminent force;

  • there was no previous notice of the emergency;

  • the household electronic data is necessary and the only potential data available to prevent imminent death or great bodily harm; and

  • the data must and can be accessed before a warrant could be issued to prevent imminent death or great bodily harm.

• the owner of the household electronic device lawfully consents to the acquisition of the data.

The PHPA further provides that upon a third party’s disclosure of household electronic data, the third party shall “take reasonable measures to ensure the confidentiality, integrity, and security of any household electronic data during transmission to any law enforcement agency, and to limit any production of household electronic data to information responsive to the law enforcement agency request.”

If the household electronic data is lawfully obtained under the Act, the PHPA requires that the data must be destroyed within 60 days, unless there is some reasonable suspicion that the information would evidence or enhance the investigation of criminal charges.

Although this new legislation applies only to the household electronic data of Illinois citizens, it is one of many state-based legislations passed surrounding privacy of the states’ citizens. As such, your business should be aware of these privacy efforts and remain up-to-date on any upcoming legislation in your state.

If you have any questions or concerns about this legislation or how it could impact you, please call Kennedy Sutherland.