Illinois General Assembly - Full Text of HB0559
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Full Text of HB0559  102nd General Assembly




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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
5amended by changing Sections 5, 10, 15, 20, and 25 as follows:
6    (740 ILCS 14/5)
7    Sec. 5. Legislative findings; intent. The General Assembly
8finds all of the following:
9    (a) The use of biometrics is growing in the business and
10security screening sectors and appears to promise streamlined
11financial transactions and security screenings.
12    (b) Major national corporations have selected the City of
13Chicago and other locations in this State as pilot testing
14sites for new applications of biometric-facilitated financial
15transactions, including finger-scan technologies at grocery
16stores, gas stations, and school cafeterias.
17    (c) Biometrics are unlike other unique identifiers that
18are used to access finances or other sensitive information.
19For example, social security numbers, when compromised, can be
20changed. Biometrics, however, are biologically unique to the
21individual; therefore, once compromised, the individual has no
22recourse, is at heightened risk for identity theft, and is
23likely to withdraw from biometric-facilitated transactions.



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1    (d) An overwhelming majority of members of the public are
2wary weary of the use of biometrics when such information is
3tied to finances and other personal information.
4    (e) Despite limited State law regulating the collection,
5use, safeguarding, and storage of biometrics, many members of
6the public are deterred from partaking in biometric
7identifier-facilitated transactions.
8    (f) The full ramifications of biometric technology are not
9fully known.
10    (g) The public welfare, security, and safety will be
11served by regulating the collection, use, safeguarding,
12handling, storage, retention, and destruction of biometric
13identifiers and information.
14(Source: P.A. 95-994, eff. 10-3-08.)
15    (740 ILCS 14/10)
16    Sec. 10. Definitions. In this Act:
17    "Biometric identifier" means a retina or iris scan,
18fingerprint, voiceprint, or scan of hand or face geometry.
19Biometric identifiers do not include writing samples, written
20signatures, photographs, human biological samples used for
21valid scientific testing or screening, demographic data,
22tattoo descriptions, or physical descriptions such as height,
23weight, hair color, or eye color. Biometric identifiers do not
24include donated organs, tissues, or parts as defined in the
25Illinois Anatomical Gift Act or blood or serum stored on



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



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1limited to, a genetic marker, genetic testing information, a
2unique identifier number to locate an account or property, an
3account number, a PIN number, a pass code, a driver's license
4number, or a social security number.
5    "Private entity" means any individual, partnership,
6corporation, limited liability company, association, or other
7group, however organized. A private entity does not include a
8State or local government agency. A private entity does not
9include any court of Illinois, a clerk of the court, or a judge
10or justice thereof.
11    "Written consent release" means informed written consent
12or, in the context of employment, a release executed by an
13employee as a condition of employment.
14(Source: P.A. 95-994, eff. 10-3-08.)
15    (740 ILCS 14/15)
16    Sec. 15. Retention; collection; disclosure; destruction.
17    (a) A private entity in possession of biometric
18identifiers or biometric information must develop a written
19policy, made available to the person from whom biometric
20information is to be collected or was collected public,
21establishing a retention schedule and guidelines for
22permanently destroying biometric identifiers and biometric
23information when the initial purpose for collecting or
24obtaining such identifiers or information has been satisfied
25or within 3 years of the individual's last interaction with



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1the private entity, whichever occurs first. Absent a valid
2order, warrant, or subpoena issued by a court of competent
3jurisdiction or a local or federal governmental agency, a
4private entity in possession of biometric identifiers or
5biometric information must comply with its established
6retention schedule and destruction guidelines.
7    (b) No private entity may collect, capture, purchase,
8receive through trade, or otherwise obtain a person's or a
9customer's biometric identifier or biometric information,
10unless it first:
11        (1) informs the subject or the subject's legally
12    authorized representative in writing that a biometric
13    identifier or biometric information is being collected or
14    stored;
15        (2) informs the subject or the subject's legally
16    authorized representative in writing of the specific
17    purpose and length of term for which a biometric
18    identifier or biometric information is being collected,
19    stored, and used; and
20        (3) receives a written consent release executed by the
21    subject of the biometric identifier or biometric
22    information or the subject's legally authorized
23    representative.
24    Written consent may be obtained by electronic means.
25    (c) No private entity in possession of a biometric
26identifier or biometric information may sell, lease, trade, or



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1otherwise profit from a person's or a customer's biometric
2identifier or biometric information.
3    (d) No private entity in possession of a biometric
4identifier or biometric information may disclose, redisclose,
5or otherwise disseminate a person's or a customer's biometric
6identifier or biometric information unless:
7        (1) the subject of the biometric identifier or
8    biometric information or the subject's legally authorized
9    representative provides written consent consents to the
10    disclosure or redisclosure;
11        (2) the disclosure or redisclosure completes a
12    financial transaction requested or authorized by the
13    subject of the biometric identifier or the biometric
14    information or the subject's legally authorized
15    representative;
16        (3) the disclosure or redisclosure is required by
17    State or federal law or municipal ordinance; or
18        (4) the disclosure is required pursuant to a valid
19    warrant or subpoena issued by a court of competent
20    jurisdiction.
21    (e) A private entity in possession of a biometric
22identifier or biometric information shall:
23        (1) store, transmit, and protect from disclosure all
24    biometric identifiers and biometric information using the
25    reasonable standard of care within the private entity's
26    industry; and



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1        (2) store, transmit, and protect from disclosure all
2    biometric identifiers and biometric information in a
3    manner that is the same as or more protective than the
4    manner in which the private entity stores, transmits, and
5    protects other confidential and sensitive information.
6(Source: P.A. 95-994, eff. 10-3-08.)
7    (740 ILCS 14/20)
8    Sec. 20. Right of action. Any person aggrieved by a
9violation of this Act shall have a right of action in a State
10circuit court or as a supplemental claim in federal district
11court against an offending party, which shall be commenced
12within one year after the cause of action accrued if, prior to
13initiating any action against a private entity, the aggrieved
14person provides a private entity 30 days' written notice
15identifying the specific provisions of this Act the aggrieved
16person alleges have been or are being violated. If, within the
1730 days, the private entity actually cures the noticed
18violation and provides the aggrieved person an express written
19statement that the violation has been cured and that no
20further violations shall occur, no action for individual
21statutory damages or class-wide statutory damages may be
22initiated against the private entity. If a private entity
23continues to violate this Act in breach of the express written
24statement provided to the aggrieved person under this Section,
25the aggrieved person may initiate an action against the



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1private entity to enforce the written statement and may pursue
2statutory damages for each breach of the express written
3statement and any other violation that postdates the written
4statement. A prevailing party in any such action may recover
5for each violation:
6        (1) against a private entity that negligently violates
7    a provision of this Act, liquidated damages of $1,000 or
8    actual damages, whichever is greater;
9        (2) against a private entity that willfully
10    intentionally or recklessly violates a provision of this
11    Act, actual damages plus liquidated damages up to the
12    amount of actual damages of $5,000 or actual damages,
13    whichever is greater;
14        (3) reasonable attorneys' fees and costs, including
15    expert witness fees and other litigation expenses; and
16        (4) other relief, including an injunction, as the
17    State or federal court may deem appropriate.
18(Source: P.A. 95-994, eff. 10-3-08.)
19    (740 ILCS 14/25)
20    Sec. 25. Construction.
21    (a) Nothing in this Act shall be construed to impact the
22admission or discovery of biometric identifiers and biometric
23information in any action of any kind in any court, or before
24any tribunal, board, agency, or person.
25    (b) Nothing in this Act shall be construed to conflict



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1with the X-Ray Retention Act, the federal Health Insurance
2Portability and Accountability Act of 1996 and the rules
3promulgated under either Act.
4    (c) Nothing in this Act shall be deemed to apply in any
5manner to a financial institution or an affiliate of a
6financial institution that is subject to Title V of the
7federal Gramm-Leach-Bliley Act of 1999 and the rules
8promulgated thereunder.
9    (d) Nothing in this Act shall be construed to conflict
10with the Private Detective, Private Alarm, Private Security,
11Fingerprint Vendor, and Locksmith Act of 2004 and the rules
12promulgated thereunder.
13    (e) Nothing in this Act shall be construed to apply to a
14contractor, subcontractor, or agent of a State or federal
15agency or local unit of government when working for that State
16or federal agency or local unit of government.
17    (f) Nothing in this Act shall be construed to apply to a
18private entity if the private entity's employees are covered
19by a collective bargaining agreement that provides for
20different policies regarding the retention, collection,
21disclosure, and destruction of biometric information.
22(Source: P.A. 95-994, eff. 10-3-08.)