The Illinois Senate approved a bill to include “consumer marketing information” as personal information in the state's existing data breach law, that proponents say would greatly increasing the liability burden on companies, according to Lexology.
Illinois Bill SB1833 is expected to have substantial support in the state's House of Representatives as well.
The bill, drafted by Illinois's Attorney General, will require notification in the event of a breach of "information related to a consumer's online browsing history, online search history, or purchasing history." If passed, the legislation could cost companies millions of dollars to protect information that clearly is not sensitive and, if compromised, would pose no financial or material risks.
The Association of National Advertisers (ANA) along with industry groups are lobbying for federal legislation that will pre-empt this and similar legislation across the country.