MONTH-IN-BRIEF (Sep 2021)
Illinois Law Protects Household Data
By Sara Beth A.R. Kohut, Young Conaway Stargatt & Taylor, LLP
Illinois has passed the Protecting Household Privacy Act, which takes effect January 1, 2022. Under the Act, law enforcement officials cannot obtain “household electronic data” from third parties without a warrant or consent. The law protects data provided to devices that are primarily intended for use within a single- or multi-family dwelling, but such devices do not include personal computers, smart phones, tablets, modems, routers, wireless access points, or cable set-top boxes. Certain exceptions to the prohibition on access will apply in emergency situations, but law enforcement would be required to apply for a search warrant within 72 hours.
Information obtained in violation of the Act will be presumed inadmissible. Persons who provide household electronic data to law enforcement must take steps to protect the confidentiality, integrity, and security of the data during transmission and limit production to what is responsive to the request.