Rep. Keith R. Wheeler

Filed: 3/19/2021

 

 


 

 


 
10200HB1764ham001LRB102 10398 LNS 23380 a

1
AMENDMENT TO HOUSE BILL 1764

2    AMENDMENT NO. ______. Amend House Bill 1764 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Biometric Information Privacy Act is
5amended by changing Section 10 and by adding Sections 35 and 40
6as follows:
 
7    (740 ILCS 14/10)
8    Sec. 10. Definitions. In this Act:
9    "Biometric identifier" means a retina or iris scan,
10fingerprint, voiceprint, or scan of hand or face geometry.
11Biometric identifiers 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

 

 

10200HB1764ham001- 2 -LRB102 10398 LNS 23380 a

1Illinois Anatomical Gift Act or blood or serum stored on
2behalf of recipients or potential recipients of living or
3cadaveric transplants and obtained or stored by a federally
4designated organ procurement agency. Biometric identifiers do
5not include biological materials regulated under the Genetic
6Information Privacy Act. Biometric identifiers do not include
7information captured from a patient in a health care setting
8or information collected, used, or stored for health care
9treatment, payment, or operations under the federal Health
10Insurance Portability and Accountability Act of 1996.
11Biometric identifiers do not include an X-ray, roentgen
12process, computed tomography, MRI, PET scan, mammography, or
13other image or film of the human anatomy used to diagnose,
14prognose, or treat an illness or other medical condition or to
15further validate scientific testing or screening.
16    "Biometric information" means any information, regardless
17of how it is captured, converted, stored, or shared, based on
18an individual's biometric identifier used to identify an
19individual. Biometric information does not include information
20derived from items or procedures excluded under the definition
21of biometric identifiers.
22    "Confidential and sensitive information" means personal
23information that can be used to uniquely identify an
24individual or an individual's account or property. Examples of
25confidential and sensitive information include, but are not
26limited to, a genetic marker, genetic testing information, a

 

 

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1unique identifier number to locate an account or property, an
2account number, a PIN number, a pass code, a driver's license
3number, or a social security number.
4    "Private entity" means any individual, partnership,
5corporation, limited liability company, association, or other
6group, however organized. A private entity does not include a
7State or local government agency. A private entity does not
8include any court of Illinois, a clerk of the court, or a judge
9or justice thereof.
10    "Security purpose" means for the purpose of preventing
11shoplifting, fraud, or any other misappropriation or theft of
12a thing of value, including tangible and intangible goods and
13services, and other purposes in furtherance of protecting the
14security or integrity of software, accounts, applications,
15online services, property, or any person, including, but not
16limited to, protecting property from trespass, controlling
17access to property, and protecting any person from stalking,
18violence, or harassment.
19    "Written release" means informed written or electronic
20consent or, in the context of employment, a written or
21electronic release executed by an employee as a condition of
22employment.
23(Source: P.A. 95-994, eff. 10-3-08.)
 
24    (740 ILCS 14/35 new)
25    Sec. 35. Violation of Act. The Attorney General and

 

 

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1State's Attorneys have the sole authority to enforce this Act.
2An action may be brought to enforce this Act only if a
3violation of this Act causes actual harm.
 
4    (740 ILCS 14/40 new)
5    Sec. 40. Exemptions.
6    (a) A private entity is exempt under this Act if the
7private entity collects, captures, obtains, or otherwise uses
8biometric identifiers and biometric information for:
9        (1) keeping record of an employee's work hours;
10        (2) a security purpose;
11        (3) facility access, including, but not limited to,
12    the restriction of access to certain locations; or
13        (4) use by the human resource department or human
14    resource employees of the private entity.
15    (b) Notwithstanding subsection (a) of Section 15, a
16private entity is exempt under this Act if the private entity
17retains the biometric identifier or information no longer than
18is reasonably necessary to satisfy a security purpose.".