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Can I collect geolocation data from participants in Illinois? What are the requirements?

Requirements for Collecting Geolocation Data in Illinois

Based on the information provided in the context documents, it appears that there are specific requirements for collecting geolocation data in Illinois.

The Biometric Information Privacy Act (BIPA) [5] regulates the collection, use, and storage of biometric information, which includes geolocation data. Under BIPA, any private entity that collects biometric information must obtain written consent from the individual and provide them with written information about the purpose and length of time for which the data will be collected, stored, and used. Additionally, the entity must develop a written policy that establishes a retention schedule and guidelines for permanently destroying the data when the initial purpose for collecting it has been satisfied or within three years of the individual’s last interaction with the entity, whichever occurs first.

Furthermore, the Geolocation Privacy Protection Act (HB3449) [3] was proposed in Illinois to regulate the collection, use, and disclosure of geolocation data. However, this bill was vetoed by Governor Rauner in 2018. Therefore, there is currently no state law in Illinois that specifically regulates the collection of geolocation data.

Conclusion

In summary, if you plan to collect geolocation data from participants in Illinois, you must comply with the requirements of the Biometric Information Privacy Act. This includes obtaining written consent, providing written information about the purpose and length of time for which the data will be collected, stored, and used, and developing a written policy for retaining and destroying the data. However, there is currently no state law in Illinois that specifically regulates the collection of geolocation data.

Source(s):
Jurisdiction

Illinois