Bill
SB 3278
Requires explicit written consent from device owners for private entities to share household data with police for a single investigation, with strong privacy and security safeguard
Title: Household Privacy-Consent
Effective: Immediately upon becoming law
Jurisdiction: Illinois
Sponsor(s): Sen. Laura Ellman (with co-sponsors Sen. Robert Peters, Sen. Adriane Johnson, Sen. Rachel Ventura)
Status: Introduced February 3, 2026. Various committee deadlines indicated; rule and reading timelines apply.
Purpose and main goal
- Strengthen protections around household electronic data collected by household electronic devices (HE devices), including residential security and surveillance systems.
- Require explicit lawful consent procedures for sharing HE data with law enforcement, limit the circumstances under which data can be accessed, and prohibit uses of HE data for federal immigration enforcement.
- Mandate security measures to protect HE data and clarify information-sharing boundaries.
Key provisions and changes
1) Expanded definition of household electronic device
- Adds residential security and surveillance systems to the list of HE devices.
- Defines household electronic device as devices within a household capable of facilitating electronic communication, excluding personal computing devices and digital gateway devices.
- Defines household data as any information/input provided to an HE device.
2) Lawful consent for data sharing (new Section 16)
- Private entities (including device manufacturers/distributors and third parties working with them) must obtain lawful consent to share HE data for a single crime investigation with a law enforcement agency.
- Consent must be obtained via written opt-in from the owner or person in possession of the device.
- The written consent request must include:
- Details of the single incident
- Date/timeframe for requested footage
- A map of the request area
- Investigator’s name and contact
- A unique investigation reference number
- Clear information about who collects/stores data
- Data retention period (how long data is collected, stored, used, shared)
- Security measures in place by the private entity, third party, and law enforcement
3) Exceptions to the Act (Section 15)
- Law enforcement may obtain HE data without consent in certain cases:
- With a warrant (Section 108-4, Code of Criminal Procedure)
- In response to emergencies (calls for service)
- In emergencies with specific criteria (imminent danger, kidnapping, etc.)
- With lawful consent as described above (consent obtained per Section 16)
- For emergency cases, warrant applications must be filed within 72 hours; a judicial determination is required that a warrant would have likely been issued and that emergency criteria are met. If denied, data is inadmissible.
4) Information disclosure and minimization (Section 25)
- If HE data is obtained, agencies may disclose only as necessary for criminal proceedings or with owner consent.
- Disclosures to other parties must be limited to the minimum necessary.
5) Data security and storage (Section 42)
- Any entity collecting/processing/storing/sharing HE data must take reasonable measures to ensure confidentiality, integrity, and security.
6) Immigration enforcement prohibition
- Nothing in the Act can be construed to allow disclosure of HE data for federal immigration purposes.
7) Effective date
- Immediate (takes effect upon becoming law)
Who is affected
- Private entities involved with HE devices (manufacturers, distributors, third-party data processors) that collect, process, store, or share HE data.
- Households and device owners/possession holders (users of HE devices).
- Law enforcement agencies (state and local) seeking data for investigations, subject to warrant, emergency, or consent processes.
- Data security/privacy stakeholders (stakeholders implementing security measures for HE data).
Potential impact and considerations
- Strengthens privacy controls for residential surveillance data by requiring explicit opt-in consent for law enforcement access in most cases.
- Creates standardized, detailed content requirements for consent requests to improve transparency.
- Imposes higher minimum standards for data security and retention policies related to HE data.
- Limits use of HE data for federal immigration enforcement.
- Introduces a defined framework for emergencies to balance public safety with privacy rights.
- Could affect timelines and administrative processes for law enforcement and private entities during investigations.
Note: The bill is in the early stages of the 104th General Assembly and subject to committee action, amendments, and floor votes.
Compiled from official sources — confirm details with the bill’s official record.
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