Onerous Illinois Data Breach Bill Vetoed By Governor

August 25, 2015

On Friday, Illinois Governor Bruce Rauner placed an amendatory veto on SB 1833, a data breach bill which was passed by the Illinois legislature at the end of May. The Governor’s veto removed the most harmful pieces of the bill – namely, the inclusion of consumer marketing information and geolocation information in the definition of personal information under the state’s data breach law. The Governor’s actions were a positive step in bringing Illinois’ data breach law more in line with the data breach laws of other states, as well as keeping the law from becoming exceedingly overbroad and harmful to business.

The next steps for this bill are still to be determined. Although the amendatory veto is good news for advertisers, the fight may not yet be over. The Governor will send the bill back to the legislature where the General Assembly could vote to override the veto. Both houses of the Illinois legislature would need a 3/5 majority vote to override. The legislature will likely return from summer recess on September 9th and once it receives the Governor’s veto message, the Senate will have 15 days after that to vote. If the Senate overturns the veto, the House will then have an additional 15 days to vote as well.

There are also two other possible paths for this bill. First, the legislature could concur with the veto. In this case, the bill would stand as amended by the Governor and would go into effect. Second, the legislature could also choose to do nothing regarding the bill, in which case it would die and not be enacted.

ANA is hopeful that the Illinois legislature will not try to override the positive moves made by Governor Rauner. We will continue to keep our members informed of the status of this bill as new developments occur.

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