02/29/2024
Speakers included Dmitry Zhdanov, Director of the Center for Cybersecurity Research and Education at Illinois State University and Stephen Ragan, the Illinois ACLU Police and Advocacy Strategist: Privacy, Technology, and Surveillance.
Below is a summary of the information provided, including: how & why personal data is collected, recommendations on how to protect yourself and your data, ACLU recommendations on Illinois legislation to protect digital privacy, and past ACLU legislative victories going back fifteen years.
“If a device is ‘smart,’ it’s smart because it’s collecting your data.”
Dmitry Zhdanov, Director of the Center for Cybersecurity Research and Education at Illinois State University
| Do’s | Do Not’s |
|---|---|
| Online: – Reject unnecessary cookies – Use VPN (Virtual Privacy Networks) – Use Privacy-oriented browsers | Online: – Click “Accept all cookies” – Follow links in pop-ups – Authenticate where unnecessary |
| Devices: – Limit app permissions – Choose the “use once” option – Use a web browser instead of apps – Use Wi-Fi instead of cellular network – Choose “on device” processing | Devices: -Accept default permissions – Share your contacts, locations, etc. – Leave your devices unattended – Choose “in the cloud” processing |
| Social Media: – Set your profile to be private – Limit the number of groups & connections – Verify the information you get | Social Media: – Connect with people you don’t know – Post your personal details – Announce travel in advance – Tag people in photos |
| Overall: – Use multi-factor authentication – Review and freeze your credit reports – Opt-out of advertising | Overall: – Use products & services without understanding terms – Jeopardize the privacy of others – Be too trusting |
There are no federal laws protecting your digital privacy. State laws are fragmented at best.
HB 4093: Protect Health Data Privacy Act
HB 4093 aims to safeguard private health care information by assuring that individuals have more control over their data before it is collected, stored, shared, or sold to others.
HB 4781: Kinship in Demand Act (KIND Act)
The KIND Act provides equitable support for kinship care and guardianship benefits to improve outcomes for DCFS-involved youth who are in relative care, as well as increase the capacity of relatives to become caregivers delivering permanency for more youth.
HB 5548: Protect Youth Access to Health Care Act
HB 5548 ensures that parents are not at risk of being punished or losing their rights when they support their child’s access to lawful health care.
SB 3499: End of Life Options to Terminally Ill Patients Act
SB 3499 will allow a mentally capable, terminally ill adult with a prognosis of six months or less the option to obtain a prescription medication they may decide to take so they can die peacefully and end their suffering.
(2008) BIOMETRIC INFORMATION PRIVACY ACT – SB 2400 PUBLIC ACT 95-0994
The Biometric Information Act (BIPA) prohibits any company from selling or otherwise profiting from consumers’ biometric information & requires companies to provide a written notice & obtain written consent from the consumer before collecting consumers’ biometric information. BIPA is a historic legislation in illinois & continues to stand as the most protective biometric privacy law in the nation, with the only one of its kind to offer consumers protection by allowing them to take a company who violates the law to court.
(2013) FREEDOM FROM DRONE SURVEILLANCE ACT – SB 1587 PUBLIC ACT 98-0569
SB 1587 ensures the privacy guarantees of the 4th amendment and the Illinois Constitution by prohibiting law enforcement from using a drone to gather evidence or conduct surveillance except when countering a terrorist attack, authorized by a search warrant, needed to prevent imminent harm to life or serious damage to property, or forestalling a suspect’s escape or the destruction of evidence.
(2014) LIMITATION OF LAW ENFORCEMENT USE OF PRIVATE DRONES – SB 2937 PUBLIC ACT 98-0831
SB 2937 builds on the protections created by the Freedom From Drone Surveillance Act passed in 2013, making clear that law enforcement cannot urge any private drone owner to conduct such surveillance, and then use the materials gathered for prosecution.
(2014) FREEDOM FROM LOCATION SURVEILLANCE ACT – SB 2808 PUBLIC ACT 98-1104
SB 2808 is a response to the increasingly common and precise location tracking that creates intrusions on an individual’s reasonable expectation of privacy in everyday travel. The act requires a court order based on probable cause of crime before law enforcement can obtain current or future location information from an individual’s electronic device, unless the location information is acquired for a narrow list of exceptions.
(2016) CITIZEN PRIVACY PROTECTION ACT – SB 2343 PUBLIC ACT 99-0622
SB 2343 creates statewide regulations for the use of invasive surveillance technology known as “Stingrays”, a virtual pat down of your phone without your knowing the pat down occurred. While they are an effective piece of technology for tracking and surveillance suspects, Stingrays have the potential to sweep private data from mobile devices that are not part of an investigation. This act allows law enforcement to use cell site simulators for the narrow purpose of locating or tracking the location of a communication device after obtaining a court order based on probable cause, but it does not allow law enforcement to disable a phone by intercepting data and actual content, employing malware, blocking calls, locking phones, or draining battery life.
(2019) INCREASED PROTECTIONS FOR HISTORICAL LOCATION INFORMATION – HB 2134 PUBLIC ACT 101-0460
HB 2134 amends the existing Illinois Freedom from Location Surveillance Act to require law enforcement to obtain a warrant before accessing historical location information. Previously, only current and future historical location information required a warrant. This amendment recognizes the 2018 Supreme Court decision in Carpenter v. United States that cell phone users have a reasonable expectation of privacy under the 4th amendment in historical cell site location data in addition to current or future location information.
(2021) PROTECTING HOUSEHOLD PRIVACY ACT – HB 2553 PUBLIC ACT 102-0597
HB 2553 protects private electronic information stored in household electronic devices from being collected by law enforcement without a valid warrant, court order, or exigent circumstances. The act also places reasonable limitations on the retention and disclosure of the information once it is collected by law enforcement.
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