5 ILCS 855/1
Short title
Short title. This Act may be cited as the Protecting Household Privacy Act. (Source: P.A. 102-597, eff. 1-1-22.)
Illinois Compiled Statutes 5 ILCS 855 — Protecting Household Privacy Act.
Illinois · statute · 5 ILCS 855 · 12 active provisions
5 ILCS 855/5
Definitions
Definitions. As used in this Act: "Electronic communication" means any origination, transmission, emission, transfer, or reception of signs, signals, data, writings, images, video, audio, or intelligence of any nature by telephone, including cellular telephones or a wire, Internet, wireless, radio, electromagnetic, pho…
5 ILCS 855/10
Prohibited use of household electronic data
Prohibited use of household electronic data. Except as provided in Section 15, a law enforcement agency shall not obtain household electronic data or direct the acquisition of household electronic data from a private third party. (Source: P.A. 102-597, eff. 1-1-22.)
5 ILCS 855/15
Exceptions
Exceptions. This Act does not prohibit a law enforcement agency from obtaining household electronic data: (1) If a law enforcement agency first obtains a warrant under Section 108-4 of the Code of Criminal Procedure of 1963. (2) To respond to a call for emergency services concerning the user or possessor of a household…
5 ILCS 855/20
Information retention
Information retention. If a law enforcement agency obtains household electronic data under paragraphs (1) through (3) of Section 15 and does not file criminal charges, the agency shall destroy all information obtained within 60 days after obtaining the data, except that a supervisor at that agency may retain particular…
5 ILCS 855/25
Information disclosure by law enforcement agencies
Information disclosure by law enforcement agencies. (a) If a law enforcement agency obtains household electronic data under Section 15, the agency shall not disclose any information obtained, except that a supervisor of that agency may disclose particular information to another government agency, employee of a governme…
5 ILCS 855/30
Admissibility
Admissibility. If the court finds by a preponderance of the evidence that a law enforcement agency obtained household electronic data pertaining to a person or his or her effects in violation of this Act, then the information shall be presumed to be inadmissible in any judicial or administrative proceeding. The State m…
5 ILCS 855/35
Providing household electronic data to a law enforcement agency not required
Providing household electronic data to a law enforcement agency not required. Except as provided in Section 15, nothing in this Act shall be construed to require a person or entity to provide household electronic data to a law enforcement agency under this Act. If law enforcement acquires information from a household e…
5 ILCS 855/40
Security of production
Security of production. Any person or entity that provides household electronic data in response to a request from any law enforcement agency under this Act shall take reasonable measures to ensure the confidentiality, integrity, and security of any household electronic data during transmission to any law enforcement a…
5 ILCS 855/45
Limitation
Limitation. Nothing in this Act shall be construed to apply to the interception, recording, wiretap, or other acquisition of electronic communications as they are transmitted in real time. (Source: P.A. 102-597, eff. 1-1-22.)
5 ILCS 855/50
Conflict with other laws
Conflict with other laws. In the event of any conflict between this Act and any applicable federal or State law, the requirement that establishes the higher standard for law enforcement to obtain information shall govern. Nothing in this Act prohibits the use of a lawful grand jury subpoena to obtain information which…
5 ILCS 855/55
Liability
Liability. Nothing in this Act expands existing civil or criminal liability of an individual or entity arising under any applicable federal or State law. (Source: P.A. 102-597, eff. 1-1-22.)