Illinois Enacts Protecting Household Privacy Act

Share on facebook
Share on twitter
Share on linkedin
Share on reddit
Share on email

On August 27, 2021, Illinois Governor J.B. Pritzker signed into law the Protecting Household Privacy Act (“PHPA”).  The law governs how, and under what conditions, Illinois law enforcement agencies may acquire and use data from household electronic devices, commonly referred to as “smart devices” or the “internet of things.”  The PHPA will go into effect on January 1, 2022.

The PHPA applies to “household electronic data,” which the statute defines as any information or input provided by a person to any device “primarily intended for use within a household that is capable of facilitating any electronic communication,” excluding personal computing devices (such as personal computers, cell phones, smartphones, or tablets) and digital gateway devices (such as modems, routers, wireless access points, or cable set-top boxes serviced by a cable provider).  Section 5.  The law imposes several limits on Illinois law enforcement’s acquisition and use of household electronic data:

Warrant Requirement: The law generally prohibits law enforcement agencies from obtaining household electronic data “or direct[ing]

Read the article