Full Text of HB3024 101st General Assembly
HB3024 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3024 Introduced , by Rep. John Connor SYNOPSIS AS INTRODUCED: |
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Amends the Biometric Information Privacy Act. Includes in the definition of "biometric identifier" an electrocardiography result from a wearable device. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Biometric Information Privacy Act is amended | 5 | | by 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, | 9 | | fingerprint, voiceprint, electrocardiography result from a | 10 | | wearable device, or scan of hand or face geometry. Biometric | 11 | | identifiers do not include writing samples, written | 12 | | signatures, photographs, human biological samples used for | 13 | | valid scientific testing or screening, demographic data, | 14 | | tattoo descriptions, or physical descriptions such as height, | 15 | | weight, hair color, or eye color. Biometric identifiers do not | 16 | | include donated organs, tissues, or parts as defined in the | 17 | | Illinois Anatomical Gift Act or blood or serum stored on behalf | 18 | | of recipients or potential recipients of living or cadaveric | 19 | | transplants and obtained or stored by a federally designated | 20 | | organ procurement agency. Biometric identifiers do not include | 21 | | biological materials regulated under the Genetic Information | 22 | | Privacy Act. Biometric identifiers do not include information | 23 | | captured from a patient in a health care setting or information |
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| 1 | | collected, used, or stored for health care treatment, payment, | 2 | | or operations under the federal Health Insurance Portability | 3 | | and Accountability Act of 1996. Biometric identifiers do not | 4 | | include an X-ray, roentgen process, computed tomography, MRI, | 5 | | PET scan, mammography, or other image or film of the human | 6 | | anatomy used to diagnose, prognose, or treat an illness or | 7 | | other medical condition or to further validate scientific | 8 | | testing or screening. | 9 | | "Biometric information" means any information, regardless | 10 | | of how it is captured, converted, stored, or shared, based on | 11 | | an individual's biometric identifier used to identify an | 12 | | individual. Biometric information does not include information | 13 | | derived from items or procedures excluded under the definition | 14 | | of biometric identifiers. | 15 | | "Confidential and sensitive information" means personal | 16 | | information that can be used to uniquely identify an individual | 17 | | or an individual's account or property. Examples of | 18 | | confidential and sensitive information include, but are not | 19 | | limited to, a genetic marker, genetic testing information, a | 20 | | unique identifier number to locate an account or property, an | 21 | | account number, a PIN number, a pass code, a driver's license | 22 | | number, or a social security number. | 23 | | "Private entity" means any individual, partnership, | 24 | | corporation, limited liability company, association, or other | 25 | | group, however organized.
A private entity does not include a | 26 | | State or local government agency. A private entity does not |
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| 1 | | include any court of Illinois, a clerk of the court, or a judge | 2 | | or justice thereof. | 3 | | "Written release" means informed written consent or, in the | 4 | | context of employment, a release executed by an employee as a | 5 | | condition of employment.
| 6 | | (Source: P.A. 95-994, eff. 10-3-08.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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