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HB 5510

STUDENT ONLINE PERSONAL INFO

104th Regular Session Introduced by Nabeela Syed

Creates a private civil right allowing students, schools, or parents harmed by SOPPA violations to sue violators in court, alongside AG enforcement.

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Bill Summary · HB 5510

Overview

HB5510 (104th General Assembly, Illinois) introduces a private right of action under the Student Online Personal Protection Act (SOPPA). The bill authorizes students, schools, or parents who are injured or aggrieved by a violation of SOPPA to sue the violator in a court of competent jurisdiction. It preserves, and does not limit, the Attorney General’s enforcement authority under SOPPA.

Main purpose and intent

  • Create a private civil remedy for violations of SOPPA.
  • Ensure injured students, schools, or parents have a direct avenue to seek redress in court in addition to existing or potential state enforcement by the Attorney General.

Key provisions and changes

  • New Section 37 added to the SOPPA (105 ILCS 85/37).
  • Private right of action:
    • A student, school, or parent who is injured or aggrieved by a SOPPA violation may bring a civil action against the person or entity responsible for the violation.
    • The action can be filed in a court of competent jurisdiction.
  • Limitation on scope:
    • The establishment of a private right of action does not limit the Attorney General’s enforcement authority under SOPPA (Section 35).

Who would be affected

  • Students and parents who experience harm due to mishandling or improper use of students’ online personal information.
  • Schools and other entities that collect, store, or process student online data (as violators).
  • Other individuals or entities that violate SOPPA, becoming potential defendants in private lawsuits.

Procedural and timeline aspects

  • The bill adds a civil remedy, but does not specify procedural timelines, standards of proof, damages, or remedies within the text provided.
  • The private action operates alongside ongoing or existing state enforcement by the Attorney General, meaning both avenues could be pursued.
  • No retroactivity or transition provisions are stated in the excerpt.

Additional notes

  • The sponsor is Rep. Nabeela Syed (co-sponsor).
  • The text indicates the change is an amendment to SOPPA by adding a new Section 37.
  • Specific monetary remedies, statutory damages, or injunctive relief details are not included in the provided summary and would likely appear in the full bill or subsequent amendments.

Compiled from official sources — confirm details with the bill’s official record.

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