HB2880 Summary

• Amends the Personal Information Protection Act to grant individuals and entities intellectual property rights in their "digital assets," including personal information, social relationships, medical history, purchase history, and genetic data.

• Requires digital search engines and advertising platforms to pay individuals a royalty of $0.01 per advertisement displayed (maximum $1 per day for passive ads) after December 31, 2022, for accessing their digital assets for commercial advertising purposes.

• Provides statutory damages of $3,000 per year per breach for up to 5 years, plus actual damages and infringer profits, for unauthorized access to digital assets without express written consent.

• Prohibits interactive computer services with over 1 million users from deplatforming Illinois residents without 12 months' notice and an opportunity to transition to another platform, unless deplatformed content violates obscenity or law.

• Exempts state and local government from liability for routine data collection during ordinary governmental functions, except in cases of intentional conduct or gross negligence resulting in data breaches.