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Business laws for small businesses

Illinois PIPA: a short data breach guide for business owners

The Personal Information Protection Act tells any business holding Illinois residents' personal data how to protect it, dispose of it and report a breach. Here are the basics owners ask about.

Prepared by Prem Tax and Accounting Corp. Last checked against official sources on October 29, 2026.

The Illinois Personal Information Protection Act (PIPA, 815 ILCS 530) is the state's data breach law. The Illinois Attorney General enforces it, as do State's Attorneys through the Consumer Fraud Act. It matters to any business holding residents' names with Social Security, bank or health details. Our Cabinet-Cloud-Cartridge Count maps where that data sits. The official text is on the Illinois General Assembly website.

The short version
  • Any business holding Illinois residents' personal data is covered; there is no size test.
  • Residents get notice as quickly as possible, without unreasonable delay. No day count is set.
  • Over 500 Illinois residents in one breach: the Attorney General is told too.
  • Reasonable security and unreadable disposal are covered too.

Slide show: PIPA in five slides

  1. What it is

    A breach notice law since 2006, plus disposal rules (2012) and a security duty (2017).

  2. What counts

    A name plus an SSN, driver's license, account or card number, or medical, health insurance or biometric data.

  3. Encryption

    A readable name or item still counts if the other is encrypted.

  4. Enforcement

    A violation is an unlawful practice under the Consumer Fraud Act.

  5. Tax and payroll files

    They hold names with SSNs and bank numbers.

Who it covers

GroupCovered?Note
Data collectorsYesBusinesses, schools and agencies handling nonpublic personal data.
Personal informationProtectedAlso an email or user name with a password or security answer that opens an online account.
HIPAA and GLBA entitiesSometimesTreated as meeting parts or all of the Act if they follow those federal laws.

The numbers

Illinois residents only; statute read October 29, 2026.

ItemAmount or ruleYear
Attorney General noticeMore than 500 residents, no later than resident noticeSince January 1, 2020
Disposal penaltyUp to $100 per affected person, capped at $50,000 per instance2026
Consumer Fraud Act penaltyUp to $50,000, or $50,000 per violation with intent to defraud2026
Head counts that trigger a report residents affected, 2026
Attorney General, private businessOver 500
Attorney General, State agencyOver 250
Credit bureaus, State agencyOver 1,000

Source: 815 ILCS 530

No Public Act has changed PIPA since 2020. Bills such as SB 2897 and SB 3890 would change it but are not law.

Our checklist

The Cabinet-Cloud-Cartridge Count is our walk through every place client or employee data sits.

  • Cabinet: which paper files hold a name plus an SSN, account number or health detail?
  • Cloud: which online tools, payroll systems and inboxes hold the same items?
  • Cartridge: which backups, drives and old devices hold copies?
  • Vendors: does each vendor contract require reasonable security?
  • Disposal: how is each location made unreadable when records go?

Mistakes people make

  • Waiting for a full forensic report. The law allows time for scope and recovery, not unreasonable delay.
  • Naming how many Illinois residents were affected in the notice, or omitting required contact details.
  • Tossing records in ordinary trash, or discarding employment tax records before the IRS minimum of 4 years.

Call an attorney about a suspected breach, a police request to delay notice, or a vendor contract moving data.

Common questions

How fast is breach notice due in Illinois?

The law sets no day count. Notice goes out as quickly as possible without unreasonable delay, allowing for scope and recovery work. A written law enforcement request can also delay it.

Does Illinois PIPA apply to a small business?

Yes. There is no size or revenue threshold. HIPAA or GLBA status can change parts of the duties.

Can a customer sue under PIPA?

Not directly. A violation is an unlawful practice under the Consumer Fraud Act, which lets a person with actual damage sue within 3 years. Success is a legal question.

Official sources

Keep reading

Questions about how a law touches your payroll, taxes or entity? Keshav Agrawal is a U.S. CPA and a Chartered Accountant (CA) from India. We handle the tax and accounting side and can work alongside your attorney. We are not a law firm and cannot give legal advice. Book a 20-minute call or send us a message.

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