Success in Springfield

September 16, 2015

It appears that advertisers have dodged a bullet. A very dangerous Illinois data breach bill has been left to die for now by the state legislature. Last month, Illinois Governor Bruce Rauner issued an amendatory veto of SB 1833, a bill which would have added consumer marketing data and geolocation data to the definition of personal information under the state’s data breach law. ANA was supportive of Governor Rauner’s veto to remove these exceedingly overbroad aspects of the bill that no other state has enacted. We applauded his effort to bring Illinois’ data breach law into line with the laws of other states.

After the governor issued this veto, the bill was sent back to the Illinois legislature. Lawmakers had the option within 15 days to vote to either override or to concur with the veto. Instead, the legislature chose to do nothing regarding the bill. Therefore, SB 1833 died. It is still possible that a new bill with these expansive provisions could be reintroduced this year. It is more likely that a data breach bill will return again next year, hopefully with modified language that both the legislature and Governor can agree upon.

While the final status of SB 1833 can largely be attributed to the hard work of ANA and many other industry partners who fought to get these misguided provisions of the bill vetoed, we should not take this victory for granted. Due to the unending reports of data breaches by major companies and government agencies, states all over the country continue to add dangerously broad language to their data breach bills every year. ANA will continue to work to ensure that these pieces of legislation are appropriate and workable for businesses and that they do not unfairly burden the advertising community.

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