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Data, privacy and AI rules
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Illinois privacy and AI laws
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Illinois AI in Employment Law (HB 3773)
Makes it a civil-rights violation for an employer to use AI that has the effect of discriminating against employees or applicants on the basis of a protected class in recruitment, hiring, promotion, discipline, discharge or the terms of employment. It also bars using ZIP codes as a proxy for a protected class. Employers must notify employees when they use AI for these decisions; IDHR is to set the notice rules.
In effect since Jan 1, 2026
Amended
Illinois BIPA
Private entities must publish a biometric retention and destruction policy, give written notice, and obtain a written release before collecting biometric identifiers such as fingerprints, face geometry or voiceprints. They may not sell or profit from biometric data and need consent to disclose it. The 2024 SB 2979 amendment treats repeated collection or disclosure from the same person by the same method as a single violation and allows electronic signatures for consent. The Seventh Circuit held on April 1, 2026 that the amendment applies retroactively to pending cases.
In effect since Oct 3, 2008
Past deadlines
Milestone
Jun 2 ·
5 months ago
Illinois AI in Employment Law (HB 3773)
IDHR withdraws and postpones proposed rules
IDHR withdraws the Subpart J proposal and postpones the June 10, 2026 hearing; no new date announced.
Illinois
Milestone
May 15 ·
5 months ago
Illinois AI in Employment Law (HB 3773)
IDHR proposed notice rules published
IDHR publishes proposed Subpart J rules on AI notice in the Illinois Register.
Illinois
Transition ends
Apr 1 ·
7 months ago
Illinois BIPA
Seventh Circuit: amendment applies retroactively
Clay v. Union Pacific (No. 25-2185) holds the damages amendment is remedial and applies to pending cases.
Illinois
Takes effect
Jan 1 ·
10 months ago
Illinois AI in Employment Law (HB 3773)
AI anti-discrimination and notice duties apply
Prohibition on discriminatory AI use and the employee notice requirement take effect.
Illinois
Milestone
Aug 9, 2024 ·
2.2 years ago
Illinois AI in Employment Law (HB 3773)
HB 3773 signed
Governor Pritzker signs Public Act 103-0804.
Illinois
Takes effect
Aug 2, 2024 ·
2.2 years ago
Illinois BIPA
SB 2979 amendment effective
Public Act 103-0769 signed and effective immediately: single recovery per person and electronic signatures allowed for consent.
Illinois
Takes effect
Oct 3, 2008 ·
18.1 years ago
Illinois BIPA
BIPA effective
The Biometric Information Privacy Act takes effect.
Illinois
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