Can I use cookies on my website in Illinois? What are the requirements?

Requirements for using cookies on a website in Illinois

Illinois has specific regulations regarding the use of cookies on State agency websites. The State Agency Web Site Act ^[1.5] prohibits the use of permanent cookies or any other invasive tracking programs that monitor and track website viewing habits, except for transactional cookies that facilitate business transactions.

Permanent cookies used by State agency websites may be exempt from the prohibition if they meet the following criteria ^[1.1]:

• The use of permanent cookies adds value to the user otherwise not available.
• The permanent cookies are not used to monitor and track website viewing habits unless all types of information collected and the State’s use of that information add user value and are disclosed through a comprehensive online privacy statement.

The Internet Privacy Task Force established under Section 15 shall define the exemption and limitations of this subsection (b) in practice ^[1.1][1.3].

Therefore, if you are a State agency, you may use transactional cookies that facilitate business transactions. If you want to use permanent cookies, you must ensure that they meet the criteria mentioned above and are exempted by the Internet Privacy Task Force.

However, if you are not a State agency, there are no specific regulations regarding the use of cookies on your website in Illinois. Nonetheless, you must comply with the General Data Protection Regulation (GDPR) if you collect personal data from users in the European Union (EU) ^[1.2].

Source(s):

• [1.1] 5 ILCS 177/10
• [1.2] 5 ILCS 177/5
• [1.3] 5 ILCS 177/15
• [1.5] 5 ILCS 177/1

Jurisdiction

Illinois

• Privacy