Illinois Data Privacy Rights: How to Remove Your Data Under BIPA

Illinois Data Privacy Rights: How to Remove Your Data Under BIPA

Illinois residents have some of the strongest privacy protections in the United States, thanks to comprehensive state legislation that predates many national privacy frameworks. If you're concerned about your personal information being collected, shared, and sold by data brokers, Illinois law provides you with concrete rights and remedies.

This guide walks you through your Illinois privacy rights, explains how to exercise them, and shows you how automated services like GhostMyData can streamline the data removal process.

Overview of Privacy Laws in Illinois

Illinois has established itself as a privacy-forward state with multiple layers of protection for residents' personal information. Understanding these laws is the first step toward taking control of your data.

The Biometric Information Privacy Act (BIPA)

The Biometric Information Privacy Act, passed in 2008, was groundbreaking legislation that predated similar protections in other states. BIPA regulates the collection, storage, and use of biometric identifiers—including fingerprints, facial recognition data, and iris scans.

Key aspects of BIPA include:

• Private right of action: Unlike many privacy laws, BIPA allows individuals to sue companies directly for violations
• Strict consent requirements: Companies must obtain written consent before collecting biometric data
• Data minimization: Organizations can only collect biometric information for specific, disclosed purposes
• Retention limits: Biometric data must be destroyed within a reasonable timeframe when no longer needed

Illinois Data Broker Law

Illinois's data broker statute, part of the broader privacy framework, specifically regulates how data brokers collect and sell personal information. This law requires data brokers to:

• Register with the Illinois Attorney General
• Maintain reasonable security practices
• Provide consumers with access to their personal information
• Honor data deletion requests

The Illinois data broker law is particularly important because it directly addresses the companies that buy and sell your information without your knowledge.

Comparison to Other State Privacy Laws

While Illinois privacy rights are robust, it's helpful to understand how they compare to other frameworks:

• GDPR (European Union): Offers broader protections but applies primarily to EU residents
• CCPA (California): Provides similar rights to California residents, including data access and deletion
• VCCPA (Virginia): Offers baseline privacy rights but with fewer private remedies than Illinois

Illinois's advantage lies in its combination of specific protections (particularly BIPA) and the ability for residents to pursue legal action directly.

Your Specific Rights Under Illinois Law

Understanding your rights is essential before taking action to remove your data. Illinois law grants you several concrete protections.

Right to Know What Data Is Collected

You have the right to request that data brokers disclose:

• What personal information they hold about you
• The sources where they obtained that information
• The categories of third parties with whom they share your data
• The specific purposes for which they use your information

This transparency is fundamental to the Illinois data privacy rights framework. Data brokers must respond to these requests within a reasonable timeframe, typically 30-45 days.

Right to Data Deletion

Perhaps the most powerful right is your ability to request deletion of your personal information from data brokers' databases. Under Illinois law, you can demand that data brokers:

• Delete all personal information they maintain about you
• Direct their sources to delete information they've shared
• Cease selling your information to third parties

Important note: Data brokers may charge a reasonable fee for processing deletion requests, though many now offer free deletions to comply with regulations.

Right to Opt-Out of Sales

Even before requesting complete deletion, you can opt out of having your information sold or shared. This prevents your data from being included in future sales to marketers, advertisers, and other third parties.

Right to Non-Discrimination

Data brokers cannot discriminate against you for exercising your privacy rights. They cannot:

• Deny you services or goods
• Charge different prices or rates
• Provide different quality of service
• Threaten to take adverse action

BIPA-Specific Rights

If a company has collected your biometric data without proper consent, BIPA gives you the right to:

• Demand destruction of the biometric information
• Sue for statutory damages ($1,000-$5,000 per violation, per person)
• Recover attorney's fees and costs

This private right of action makes BIPA enforcement particularly powerful.

How to Exercise Your Data Deletion Rights

Taking action to remove your data involves several steps. You can pursue this manually or use an automated service.

Manual Data Removal Process

If you choose to handle requests yourself, follow these steps:

Step 1: Identify Data Brokers

Start by identifying which data brokers hold your information. Common data brokers operating in Illinois include:

• Experian
• Equifax
• TransUnion
• Spokeo
• BeenVerified
• Whitepages
• MyLife
• Intelius
• PeopleFinder
• TruthFinder

You can discover additional brokers by conducting searches for your name online and noting which sites display your information.

Step 2: Prepare Your Request

Craft a formal written request that includes:

• Your full legal name
• Current address
• Any previous addresses you've used
• Your date of birth
• Phone number
• Email address
• A clear statement requesting deletion of all personal information

Step 3: Submit Requests

Send your request via certified mail or email (if the broker provides an email contact) to each data broker. Keep copies of everything you send and all responses you receive.

Step 4: Follow Up

Data brokers have 30-45 days to respond. If you don't receive confirmation within this timeframe, send a follow-up request. Document all communication attempts.

Step 5: Verify Deletion

After 60-90 days, search for your information online again to verify that it has been removed from public databases.

Why Automated Removal Is More Effective

While manual removal is possible, it's time-consuming and often incomplete. Automated services like GhostMyData offer several advantages:

• Comprehensive coverage: Automated services know about hundreds of data brokers, not just the most prominent ones
• Persistent follow-up: Services automatically re-submit requests and follow up with brokers that don't respond
• Ongoing monitoring: Many services continue monitoring to catch your information if it reappears
• Legal expertise: They know the specific requirements of Illinois data privacy rights and BIPA
• Time savings: You avoid hours of research, writing, and tracking

Which Data Brokers Operate in Illinois

Understanding the data broker landscape helps you appreciate the scope of the problem and why comprehensive removal is important.

Major National Data Brokers

These companies maintain extensive databases on Illinois residents:

• Experian: Credit reporting, marketing lists, identity verification
• Equifax: Credit reports, employment verification, marketing data
• TransUnion: Credit reporting, risk assessment, marketing
• Spokeo: People search, background information, contact details
• BeenVerified: Background reports, public records aggregation
• Whitepages: Phone directories, address information, people search
• MyLife: Profile information, background checks, contact data
• Intelius: People search, background reports, public records
• PeopleFinder: Contact information, background data, relatives finder
• TruthFinder: Background information, public records, criminal history

Specialized Data Brokers

Beyond general people search sites, specialized brokers collect specific information:

• Financial data brokers: Collect banking, investment, and wealth information
• Health data brokers: Aggregate medical and pharmaceutical information
• Behavioral brokers: Track online activity and purchasing habits
• Location brokers: Maintain location history and movement patterns

Step-by-Step: Filing a Complaint with the Illinois Attorney General

If a data broker violates your Illinois privacy rights or fails to honor your deletion request, you can file a complaint with the Illinois Attorney General.

Step 1: Gather Documentation

Before filing, assemble:

• Copies of your deletion request(s)
• Proof of sending (certified mail receipts, email delivery confirmations)
• Screenshots showing your information still publicly available
• The broker's response (or lack thereof)
• Any correspondence about the violation
• Records of any fees charged

Step 2: Access the Attorney General's Website

Visit the Illinois Attorney General's office website and locate the consumer complaint section. The AG maintains a specific process for privacy-related complaints.

Step 3: Complete the Complaint Form

Provide detailed information including:

• Your name and contact information
• The data broker's name and contact information
• A clear description of what happened
• Specific dates and details
• The harm you've experienced
• Copies of supporting documentation

Step 4: Submit Your Complaint

File your complaint through the online portal or by mail. Keep a copy for your records.

Step 5: Follow the Investigation

The Attorney General's office will investigate your complaint. You may be contacted for additional information. The AG can take enforcement action against brokers who violate Illinois law, including seeking civil penalties and injunctions.

How GhostMyData Automates Removals Under Illinois Law

Removing your data from all brokers is a significant undertaking. GhostMyData simplifies this process by automating the entire removal workflow.

Comprehensive Data Broker Coverage

GhostMyData maintains relationships with hundreds of data brokers, including all major players and many smaller, niche brokers that individual consumers might never discover. Our database is continuously updated as new brokers emerge and brokers merge or shut down.

Automated Request Submission

Rather than manually drafting and sending individual requests, GhostMyData:

• Identifies all brokers holding your information
• Generates legally compliant deletion requests tailored to each broker's requirements
• Submits requests on your behalf via certified channels
• Tracks submission dates and methods for documentation

Persistent Follow-Up

Data brokers sometimes ignore initial requests or claim they didn't receive them. GhostMyData automatically:

• Tracks response deadlines
• Re-submits requests that go unanswered
• Escalates non-responsive brokers
• Documents all communication for potential AG complaints

BIPA Compliance Expertise

For Illinois residents, GhostMyData has specialized knowledge of BIPA requirements, ensuring that:

• Biometric data removal requests emphasize your statutory rights
• Violations are properly documented for potential legal action
• Your rights to statutory damages are preserved
• Requests reference the private right of action when appropriate

Ongoing Monitoring

Deletion isn't always permanent. Data brokers sometimes re-acquire your information from new sources. GhostMyData monitors your information and:

• Alerts you if your data reappears
• Automatically re-submits removal requests
• Tracks patterns of re-listing
• Provides documentation for escalation

Transparent Tracking Dashboard

Through GhostMyData's how it works process, you can:

• See which brokers hold your information
• Track the status of each removal request
• View response dates and confirmations
• Access historical records for your documentation

Legal Documentation

If you need to file a complaint with the Illinois Attorney General or pursue legal action under BIPA, GhostMyData provides:

• Complete documentation of all requests sent
• Proof of broker non-compliance
• Timeline of communication attempts
• Evidence of violations

Getting Started With GhostMyData

Taking control of your data under Illinois privacy rights doesn't have to be complicated.

Free Data Scan

Start by taking our free scan to see which brokers currently hold your information. This gives you a baseline understanding of your data exposure.

Compare Your Options

Review our data broker comparison to understand the different removal approaches and timelines available.

Choose Your Plan

GhostMyData offers flexible pricing options depending on whether you want one-time removal or ongoing monitoring and protection.

Automated Removal Begins

Once you select a plan, our automated system immediately begins the removal process, handling all the complexity while you maintain full visibility and control.

FAQ: Illinois Data Privacy Rights and Data Removal

How long does it take to remove my data from all brokers?

The timeline varies depending on broker responsiveness. Most brokers respond within 30-45 days of an initial request. Comprehensive removal typically takes 60-90 days, though some brokers may take longer. GhostMyData's persistent follow-up can accelerate this process by automatically re-submitting to non-responsive brokers.

Can data brokers charge me for removing my data?

Under Illinois law, data brokers may charge a "reasonable fee" for processing deletion requests. However, most major brokers now offer free deletions to remain compliant with privacy regulations. GhostMyData works with brokers to ensure you're not charged unnecessary fees.

What's the difference between BIPA and the Illinois data broker law?

BIPA specifically regulates biometric information (fingerprints, facial recognition, iris scans) and gives you the right to sue companies directly for violations. The Illinois data broker law regulates companies that collect and sell personal information generally. Both laws provide deletion rights, but BIPA is more stringent and offers statutory damages of $1,000-$5,000 per violation.

If I delete my data, can brokers collect it again?

Unfortunately, yes. Data brokers obtain information from public records, court documents, surveys, and other sources. After deletion, they may re-acquire your information. This is why GhostMyData offers ongoing monitoring—we alert you if your data reappears and automatically re-submit removal requests.

What should I do if a data broker ignores my removal request?

First, document the non-response with copies of your original request and proof of sending. After 45-60 days of non-compliance, you can file a complaint with the Illinois Attorney General. If biometric data is involved, you may have grounds for a BIPA lawsuit. GhostMyData provides documentation to support AG complaints and legal action.

Take Control of Your Data Today

Your personal information is valuable—to you and to data brokers. Illinois law gives you powerful rights to control that information, but exercising those rights requires persistence and expertise.

GhostMyData combines the legal knowledge of Illinois privacy rights with automation technology to handle data removal at scale. Rather than spending dozens of hours researching brokers, drafting requests, and following up, let us manage the complexity.

Start with our free scan to see exactly what data brokers hold about you. Then let GhostMyData's automated system handle the removal process while you maintain complete transparency and control.

Your privacy is a right—not a luxury. Take action today.