The Geolocation Privacy Protection Act, which passed the Illinois Senate and House of Representatives earlier this year, has made its way to the desk of Illinois Governor Bruce Rauner for his signature or veto. The bill (HB-3449) is the first of its kind to reach this level in any state, and advocates are urging Governor Rauner to sign the bill into law.

The Geolocation Privacy Protection Act would require internet companies operating in the State of Illinois to inform consumers of what geolocation data they are collecting, why they are collecting it, and who is receiving it. The bill is particularly concerned with mobile apps that collect geolocation data without a consumer’s knowledge and then send that data to third-party companies for a profit.

Advocates say that the Geolocation Privacy Protection Act would empower consumers while still allowing companies to collect geolocation data. Opponents contend, however, that the bill does little to empower consumers, as the Federal Trade Commission already has put forth guidance regarding the collection of geolocation data and notification to consumers, and thus the bill does not add any protections for consumers beyond what already exists.

But the Geolocation Privacy Protection Act would do more than require notification to consumers of the collection of geolocation data. It actually would prohibit companies from collecting this type of data without first receiving a consumer’s consent. Still, companies would retain the right to collect, use, store, or disclose geolocation information without receiving consent in the following circumstances: (i) to allow a parent or legal guardian to locate an unemancipated minor child; (ii) to allow a court-appointed guardian to locate a legally incapacitated person; (iii) for the provision of fire, medical, public safety, or other emergency services; or (iv) for the limited purpose of providing storage, security, or authentication services.

The State of Illinois now awaits Governor Rauner’s decision on the bill, which could be the first of its kind implemented in any state.