Illinois General Assembly - Full Text of SB1607
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Full Text of SB1607  102nd General Assembly

SB1607 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1607

 

Introduced 2/26/2021, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 14/10
740 ILCS 14/35 new
740 ILCS 14/40 new

    Amends the Biometric Information Privacy Act. Defines "security purpose". Changes the definition of "written release" to include electronic consent and electronic release. Provides that the Attorney General and State's Attorneys have the sole authority to enforce the Act. Provides that an action may be brought to enforce the Act only if a violation of the Act causes actual harm. Provides that an employer is exempt under the Act if the employer collects, captures, obtains, or otherwise uses biometric identifiers and biometric information for: (1) keeping record of an employee's work hours; (2) a security purpose; (3) facility access; or (4) use by the human resource department or human resource employees of the employer. Provides that an employer is exempt under the Act if the employer retains the biometric identifier or information no longer than is reasonably necessary to satisfy a security purpose.


LRB102 15852 LNS 21221 b

 

 

A BILL FOR

 

SB1607LRB102 15852 LNS 21221 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
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
17Illinois Anatomical Gift Act or blood or serum stored on
18behalf of recipients or potential recipients of living or
19cadaveric transplants and obtained or stored by a federally
20designated organ procurement agency. Biometric identifiers do
21not include biological materials regulated under the Genetic
22Information Privacy Act. Biometric identifiers do not include
23information captured from a patient in a health care setting

 

 

SB1607- 2 -LRB102 15852 LNS 21221 b

1or information collected, used, or stored for health care
2treatment, payment, or operations under the federal Health
3Insurance Portability and Accountability Act of 1996.
4Biometric identifiers do not include an X-ray, roentgen
5process, computed tomography, MRI, PET scan, mammography, or
6other image or film of the human anatomy used to diagnose,
7prognose, or treat an illness or other medical condition or to
8further validate scientific testing 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
17individual or 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

 

 

SB1607- 3 -LRB102 15852 LNS 21221 b

1include any court of Illinois, a clerk of the court, or a judge
2or justice thereof.
3    "Security purpose" means for the purpose of preventing
4shoplifting, fraud, or any other misappropriation or theft of
5a thing of value, including tangible and intangible goods and
6services, and other purposes in furtherance of protecting the
7security or integrity of software, accounts, applications,
8online services, property, or any person, including, but not
9limited to, protecting property from trespass, controlling
10access to property, and protecting any person from stalking,
11violence, or harassment.
12    "Written release" means informed written or electronic
13consent or, in the context of employment, a written or
14electronic release executed by an employee as a condition of
15employment.
16(Source: P.A. 95-994, eff. 10-3-08.)
 
17    (740 ILCS 14/35 new)
18    Sec. 35. Violation of Act. The Attorney General and
19State's Attorneys have the sole authority to enforce this Act.
20An action may be brought to enforce this Act only if a
21violation of this Act causes actual harm.
 
22    (740 ILCS 14/40 new)
23    Sec. 40. Exemptions.
24    (a) An employer is exempt under this Act if the employer

 

 

SB1607- 4 -LRB102 15852 LNS 21221 b

1collects, captures, obtains, or otherwise uses biometric
2identifiers and biometric information for:
3        (1) keeping record of an employee's work hours;
4        (2) a security purpose;
5        (3) facility access, including, but not limited to,
6    the restriction of access to certain locations; or
7        (4) use by the human resource department or human
8    resource employees of the employer.
9    (b) Notwithstanding subsection (a) of Section 15, an
10employer is exempt under this Act if the employer retains the
11biometric identifier or information no longer than is
12reasonably necessary to satisfy a security purpose.