Full Text of HB6074 99th General Assembly
HB6074sam001 99TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 5/26/2016
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| 1 | | AMENDMENT TO HOUSE BILL 6074
| 2 | | AMENDMENT NO. ______. Amend House Bill 6074 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Biometric Information Privacy Act is | 5 | | amended by changing Sections 5 and 10 as follows: | 6 | | (740 ILCS 14/5)
| 7 | | Sec. 5. Legislative findings; intent. The General Assembly | 8 | | finds all of the following: | 9 | | (a) The use of biometrics is growing in the business and | 10 | | security screening sectors and appears to promise streamlined | 11 | | financial transactions and security screenings. | 12 | | (b) Major national corporations have selected the City of | 13 | | Chicago and other locations in this State as pilot testing | 14 | | sites for new applications of biometric-facilitated financial | 15 | | transactions, including finger-scan technologies at grocery | 16 | | stores, gas stations, and school cafeterias. |
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| 1 | | (c) Biometrics are unlike other unique identifiers that are | 2 | | used to access finances or other sensitive information. For | 3 | | example, social security numbers, when compromised, can be | 4 | | changed. Biometrics, however, are biologically unique to the | 5 | | individual; therefore, once compromised, the individual has no | 6 | | recourse, is at heightened risk for identity theft, and is | 7 | | likely to withdraw from biometric-facilitated transactions. | 8 | | (d) An overwhelming majority of members of the public are | 9 | | weary of the use of biometrics when such information is tied to | 10 | | finances and other personal information. | 11 | | (e) Despite limited State law regulating the collection, | 12 | | use, safeguarding, and storage of biometrics, many members of | 13 | | the public are deterred from partaking in biometric | 14 | | identifier-facilitated transactions. | 15 | | (f) The full ramifications of biometric technology are not | 16 | | fully known. | 17 | | (g) The public welfare, security, and safety will be served | 18 | | by regulating the collection, use, safeguarding, handling, | 19 | | storage, retention, and destruction of biometric identifiers | 20 | | and information. | 21 | | (h) The changes made to Section 10 by this amendatory Act | 22 | | of the 99th General Assembly are declarative of existing law.
| 23 | | (Source: P.A. 95-994, eff. 10-3-08.) | 24 | | (740 ILCS 14/10)
| 25 | | Sec. 10. Definitions. In this Act: |
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| 1 | | "Biometric identifier" means a retina or iris scan, | 2 | | fingerprint, voiceprint, or scan of hand or face geometry. | 3 | | Biometric identifiers do not include writing samples, written | 4 | | signatures, physical or digital photographs, human biological | 5 | | samples used for valid scientific testing or screening, | 6 | | demographic data, tattoo descriptions, or physical | 7 | | descriptions such as height, weight, hair color, or eye color. | 8 | | Biometric identifiers do not include donated organs, tissues, | 9 | | or parts as defined in the Illinois Anatomical Gift Act or | 10 | | blood or serum stored on behalf of recipients or potential | 11 | | recipients of living or cadaveric transplants and obtained or | 12 | | stored by a federally designated organ procurement agency. | 13 | | Biometric identifiers do not include biological materials | 14 | | regulated under the Genetic Information Privacy Act. Biometric | 15 | | identifiers do not include information captured from a patient | 16 | | in a health care setting or information collected, used, or | 17 | | stored for health care treatment, payment, or operations under | 18 | | the federal Health Insurance Portability and Accountability | 19 | | Act of 1996. Biometric identifiers do not include an X-ray, | 20 | | roentgen process, computed tomography, MRI, PET scan, | 21 | | mammography, or other image or film of the human anatomy used | 22 | | to diagnose, prognose, or treat an illness or other medical | 23 | | condition or to further validate scientific testing or | 24 | | screening. | 25 | | "Biometric information" means any information, regardless | 26 | | of how it is captured, converted, stored, or shared, based on |
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| 1 | | an individual's biometric identifier used to identify an | 2 | | individual. | 3 | | "Biometric information" and "biometric identifier" do | 4 | | Biometric information does not include information derived | 5 | | from items or procedures excluded under the definition of | 6 | | biometric identifiers. | 7 | | "Confidential and sensitive information" means personal | 8 | | information that can be used to uniquely identify an individual | 9 | | or an individual's account or property. Examples of | 10 | | confidential and sensitive information include, but are not | 11 | | limited to, a genetic marker, genetic testing information, a | 12 | | unique identifier number to locate an account or property, an | 13 | | account number, a PIN number, a pass code, a driver's license | 14 | | number, or a social security number. | 15 | | "Private entity" means any individual, partnership, | 16 | | corporation, limited liability company, association, or other | 17 | | group, however organized.
A private entity does not include a | 18 | | State or local government agency. A private entity does not | 19 | | include any court of Illinois, a clerk of the court, or a judge | 20 | | or justice thereof. | 21 | | "Scan" means data resulting from an in-person process | 22 | | whereby a part of the body is traversed by a detector or an | 23 | | electronic beam. | 24 | | "Written release" means informed written consent or, in the | 25 | | context of employment, a release executed by an employee as a | 26 | | condition of employment.
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| 1 | | (Source: P.A. 95-994, eff. 10-3-08.)".
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