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Committee Updates
For the first time in a long time there are committees to report. Like seemingly everything else these days, the committee hearings will be virtual, and you can watch online at www.ilga.gov
The House Cybersecurity, Data Analytics & IT committee will meet next Friday, March 5th at 10 am CST. The Illinois Chamber is tracking one bill to be heard in this committee:
HB53 - VIDEO INTERVIEW DEMOGRAPHIC -Provides that employers that rely solely upon artificial intelligence to determine whether an applicant will qualify for an in-person interview must gather and report certain demographic information to the Department of Commerce and Economic Opportunity. Requires the Department to analyze the data and report to the Governor and General Assembly whether the data discloses a racial bias in the use of artificial intelligence.
Other Legislative Updates Both the House and the Senate were originally scheduled to return to Springfield next week, but I wouldn't hold my breath on that happening. As noted above, virtual committees will pick up the pace quite a bit next week. New Bills Filed Over 1000 new bills were filed in the last week. Here are some new technology related bills the Chamber is monitoring: BIPA HB 3304 (Murphy) - Repeals BIPA entirely. HB 3414 (Jones) - BIPA reform. Greatly reduces damages. Adds a one year statute of limitations. The IL Chamber supports this legislation. HB 3697 (Hoffman) - Provides the Workers' Compensation Act does not preempt or prevent an employee from recovering under the Biometric Information Privacy Act. There is ongoing litigation on this issue. The IL Chamber strongly opposes this bill. Broadband HB 3275 (Ortiz) - Creates the Illinois Low Income Broadband Assistance Program Act. Requires the Department of Commerce and Economic Opportunity to establish an Illinois Low Income Broadband Assistance Program (Program) to ensure the availability and affordability of broadband service to low income families in order to access remote learning and work platforms Business Development HB3337 (Keicher) - Creates the Illinois Incubator and Collaborative Workspace Initiative Program to be implemented and administered by the Department of Commerce and Economic Opportunity. Provides that the Program shall support entrepreneurs by providing rent support grants and aiding collaborative workspaces in the acquisition of new tenants. Data/Data Privacy HB 3412 (Yang Rohr) - Provides that if there is a breach of the security of system data, a data collector must notify the Attorney General in addition to the Illinois resident to whom the breach relates. Requires the notice to be provided no later than 5 days after the breach. HB 3453 (Williams) - Creates the Geolocation Privacy Protection Act. Provides that a private entity that owns, operates, or controls a location-based application on a user's device may not disclose geolocation information from a location-based application to a third party unless the private entity first receives the user's affirmative express consent after providing a specified notice to the user. HB 3536 (Robinson) - Creates the Security of Connected Devices Act. Requires manufacturers of connected devices to equip the device with security features that are designed to protect the device and any information the device contains from unauthorized access, destruction, use, modification, or disclosure. Note this is the first piece of tech legislation filed by Rep. Robinson since becoming committee chair. HB 3785 (Gonzalez) - Provides that a business that sells or shares a consumer's contact information to or with another must send written notice through the U.S. mail to the consumer whose information is being sold or shared and give the consumer the opportunity to opt out of the sale or sharing of the information after receiving the notice. HB 3910 (Mussman) - Creates the Consumer Privacy Act. Provides that a consumer has the right to request that a business that collects the consumer's personal information disclose to that consumer the categories and specific pieces of personal information the business has collected. Requires a business to, at or before the point of collection, inform a consumer as to the categories of personal information to be collected and the purposes for which the categories of personal information shall be used. Requires the business to provide notice when collecting additional categories of personal information or when using a consumer's personal information for additional purposes Misc. HB 3480 (Moylan) - Provides that it is unlawful for any person to, without the consent of another person, operate an unmanned aerial vehicle in a manner that: (1) is intended to cause the unmanned aerial vehicle to enter the space above or surrounding the other person's occupied residence for the purpose of making a video record or transmitting live video or audio recordings of the other person while the other person is: (A) within his or her occupied residence; or (B) on the land or premises on which his or her occupied residence is located; and (2) invades the other person's reasonable expectation of privacy. Provides that the offense is a Class A misdemeanor. HB 3523 (Wheeler) - Expands the definition of "disaster" under the Illlinois Emergency Management Agency Act to include a cyber attack. HB 3640 (Spain) - Creates the Technology Addiction Notice Act. Provides that an operator of a social media website must include on its social media website a hyperlink that directs users to resources related to technology addiction. The hyperlink must be visible on each page in the social media website. HB 3641 (Spain)- Creates the Social Media Platforms Liability for Incitement of Violence Act. Provides that a social media platform having actual knowledge of a post on its platform that causes an incitement of violence shall remove the post within 24 hours. Provides that failure by a social media platform to remove the post within 24 hours shall result in a civil penalty of $10,000 per violation. HB 3653 (Elik) - requires cable and satellite television providers to refund customers $5 per month when they pull a channel from their service that customers have subscribed and no longer receive.
HB 3712 (Jones) - Creates the Car-Sharing Program Act. SB 513 (Castro) - Limits the amount that cable or video providers can charge for modem and tv box rentals to 5% over wholesale cost.
Illinois Data Center Incentive Attracting Lots of Positive Attention It isn't often that state and local government in Illinois get singled out for a pro-business mindset, but that's the message coming from people connected to a thriving submarket in industrial real estate - data centers. Nice shoutout to Tech Council member STACK in the article. Upcoming Chamber Event: Gamification of the Workplace Title: How to Play the Game: Opportunities and Pitfalls in a "Gamified" Workplace Date/Time: March 18, 2021 | 1:30 pm - 2:30 pm Description: In recent years, gamification has captured employers' interest as a way to spruce up employee recruitment, training, performance, and engagement. Gamification in the workplace uses game elements to motivate employees to perform their best. It prompts them to compete with their goals, and/or team members, as well as past accomplishments. It shows how they're doing and what's needed to reach their goals. In this presentation, we will unpack the gamification craze and explore legal traps that employers should account for in in considering a gamification strategy. Topics will include: - an overview of gamification
- exploration of potential legal pitfalls including in the area of: wage-hour law, discrimination, reasonable accommodation, and privacy
- best practices for implementing a gamification strategy
Articles of Interest
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