101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3024

 

Introduced , by Rep. John Connor

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 14/10

    Amends the Biometric Information Privacy Act. Includes in the definition of "biometric identifier" an electrocardiography result from a wearable device. Effective immediately.


LRB101 09055 LNS 54148 b

 

 

A BILL FOR

 

HB3024LRB101 09055 LNS 54148 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Biometric Information Privacy Act is amended
5by changing Section 10 as follows:
 
6    (740 ILCS 14/10)
7    Sec. 10. Definitions. In this Act:
8    "Biometric identifier" means a retina or iris scan,
9fingerprint, voiceprint, electrocardiography result from a
10wearable device, or scan of hand or face geometry. Biometric
11identifiers do not include writing samples, written
12signatures, photographs, human biological samples used for
13valid scientific testing or screening, demographic data,
14tattoo descriptions, or physical descriptions such as height,
15weight, hair color, or eye color. Biometric identifiers do not
16include donated organs, tissues, or parts as defined in the
17Illinois Anatomical Gift Act or blood or serum stored on behalf
18of recipients or potential recipients of living or cadaveric
19transplants and obtained or stored by a federally designated
20organ procurement agency. Biometric identifiers do not include
21biological materials regulated under the Genetic Information
22Privacy Act. Biometric identifiers do not include information
23captured from a patient in a health care setting or information

 

 

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1collected, used, or stored for health care treatment, payment,
2or operations under the federal Health Insurance Portability
3and Accountability Act of 1996. Biometric identifiers do not
4include an X-ray, roentgen process, computed tomography, MRI,
5PET scan, mammography, or other image or film of the human
6anatomy used to diagnose, prognose, or treat an illness or
7other medical condition or to further validate scientific
8testing or screening.
9    "Biometric information" means any information, regardless
10of how it is captured, converted, stored, or shared, based on
11an individual's biometric identifier used to identify an
12individual. Biometric information does not include information
13derived from items or procedures excluded under the definition
14of biometric identifiers.
15    "Confidential and sensitive information" means personal
16information that can be used to uniquely identify an individual
17or an individual's account or property. Examples of
18confidential and sensitive information include, but are not
19limited to, a genetic marker, genetic testing information, a
20unique identifier number to locate an account or property, an
21account number, a PIN number, a pass code, a driver's license
22number, or a social security number.
23    "Private entity" means any individual, partnership,
24corporation, limited liability company, association, or other
25group, however organized. A private entity does not include a
26State or local government agency. A private entity does not

 

 

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1include any court of Illinois, a clerk of the court, or a judge
2or justice thereof.
3    "Written release" means informed written consent or, in the
4context of employment, a release executed by an employee as a
5condition of employment.
6(Source: P.A. 95-994, eff. 10-3-08.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.