Illinois General Assembly - Full Text of HB6074
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Full Text of HB6074  99th General Assembly


Sen. Terry Link

Filed: 5/26/2016





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2    AMENDMENT NO. ______. Amend House Bill 6074 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Biometric Information Privacy Act is
5amended by changing Sections 5 and 10 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.



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1    (c) Biometrics are unlike other unique identifiers that are
2used to access finances or other sensitive information. For
3example, social security numbers, when compromised, can be
4changed. Biometrics, however, are biologically unique to the
5individual; therefore, once compromised, the individual has no
6recourse, is at heightened risk for identity theft, and is
7likely to withdraw from biometric-facilitated transactions.
8    (d) An overwhelming majority of members of the public are
9weary of the use of biometrics when such information is tied to
10finances and other personal information.
11    (e) Despite limited State law regulating the collection,
12use, safeguarding, and storage of biometrics, many members of
13the public are deterred from partaking in biometric
14identifier-facilitated transactions.
15    (f) The full ramifications of biometric technology are not
16fully known.
17    (g) The public welfare, security, and safety will be served
18by regulating the collection, use, safeguarding, handling,
19storage, retention, and destruction of biometric identifiers
20and information.
21    (h) The changes made to Section 10 by this amendatory Act
22of 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,
2fingerprint, voiceprint, or scan of hand or face geometry.
3Biometric identifiers do not include writing samples, written
4signatures, physical or digital photographs, human biological
5samples used for valid scientific testing or screening,
6demographic data, tattoo descriptions, or physical
7descriptions such as height, weight, hair color, or eye color.
8Biometric identifiers do not include donated organs, tissues,
9or parts as defined in the Illinois Anatomical Gift Act or
10blood or serum stored on behalf of recipients or potential
11recipients of living or cadaveric transplants and obtained or
12stored by a federally designated organ procurement agency.
13Biometric identifiers do not include biological materials
14regulated under the Genetic Information Privacy Act. Biometric
15identifiers do not include information captured from a patient
16in a health care setting or information collected, used, or
17stored for health care treatment, payment, or operations under
18the federal Health Insurance Portability and Accountability
19Act of 1996. Biometric identifiers do not include an X-ray,
20roentgen process, computed tomography, MRI, PET scan,
21mammography, or other image or film of the human anatomy used
22to diagnose, prognose, or treat an illness or other medical
23condition or to further validate scientific testing or
25    "Biometric information" means any information, regardless
26of how it is captured, converted, stored, or shared, based on



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1an individual's biometric identifier used to identify an
3    "Biometric information" and "biometric identifier" do
4Biometric information does not include information derived
5from items or procedures excluded under the definition of
6biometric identifiers.
7    "Confidential and sensitive information" means personal
8information that can be used to uniquely identify an individual
9or an individual's account or property. Examples of
10confidential and sensitive information include, but are not
11limited to, a genetic marker, genetic testing information, a
12unique identifier number to locate an account or property, an
13account number, a PIN number, a pass code, a driver's license
14number, or a social security number.
15    "Private entity" means any individual, partnership,
16corporation, limited liability company, association, or other
17group, however organized. A private entity does not include a
18State or local government agency. A private entity does not
19include any court of Illinois, a clerk of the court, or a judge
20or justice thereof.
21    "Scan" means data resulting from an in-person process
22whereby a part of the body is traversed by a detector or an
23electronic beam.
24    "Written release" means informed written consent or, in the
25context of employment, a release executed by an employee as a
26condition of employment.



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1(Source: P.A. 95-994, eff. 10-3-08.)".