Bill Amendment: IL HB1764 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: BIPA-LIMIT ON ACTIONS

Status: 2021-03-27 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB1764 Detail]

Download: Illinois-2021-HB1764-House_Amendment_001.html

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Rep. Keith R. Wheeler

Filed: 3/19/2021

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AMENDMENT TO HOUSE BILL 1764
AMENDMENT NO. ______. Amend House Bill 1764 by replacing
everything after the enacting clause with the following:
"Section 5. The Biometric Information Privacy Act is
amended by changing Section 10 and by adding Sections 35 and 40
as follows:
(740 ILCS 14/10)
Sec. 10. Definitions. In this Act:
"Biometric identifier" means a retina or iris scan,
fingerprint, voiceprint, or scan of hand or face geometry.
Biometric identifiers do not include writing samples, written
signatures, photographs, human biological samples used for
valid scientific testing or screening, demographic data,
tattoo descriptions, or physical descriptions such as height,
weight, hair color, or eye color. Biometric identifiers do not
include donated organs, tissues, or parts as defined in the

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Illinois Anatomical Gift Act or blood or serum stored on
behalf of recipients or potential recipients of living or
cadaveric transplants and obtained or stored by a federally
designated organ procurement agency. Biometric identifiers do
not include biological materials regulated under the Genetic
Information Privacy Act. Biometric identifiers do not include
information captured from a patient in a health care setting
or information collected, used, or stored for health care
treatment, payment, or operations under the federal Health
Insurance Portability and Accountability Act of 1996.
Biometric identifiers do not include an X-ray, roentgen
process, computed tomography, MRI, PET scan, mammography, or
other image or film of the human anatomy used to diagnose,
prognose, or treat an illness or other medical condition or to
further validate scientific testing or screening.
"Biometric information" means any information, regardless
of how it is captured, converted, stored, or shared, based on
an individual's biometric identifier used to identify an
individual. Biometric information does not include information
derived from items or procedures excluded under the definition
of biometric identifiers.
"Confidential and sensitive information" means personal
information that can be used to uniquely identify an
individual or an individual's account or property. Examples of
confidential and sensitive information include, but are not
limited to, a genetic marker, genetic testing information, a

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unique identifier number to locate an account or property, an
account number, a PIN number, a pass code, a driver's license
number, or a social security number.
"Private entity" means any individual, partnership,
corporation, limited liability company, association, or other
group, however organized. A private entity does not include a
State or local government agency. A private entity does not
include any court of Illinois, a clerk of the court, or a judge
or justice thereof.
"Security purpose" means for the purpose of preventing
shoplifting, fraud, or any other misappropriation or theft of
a thing of value, including tangible and intangible goods and
services, and other purposes in furtherance of protecting the
security or integrity of software, accounts, applications,
online services, property, or any person, including, but not
limited to, protecting property from trespass, controlling
access to property, and protecting any person from stalking,
violence, or harassment.
"Written release" means informed written or electronic
consent or, in the context of employment, a written or
electronic release executed by an employee as a condition of
employment.
(Source: P.A. 95-994, eff. 10-3-08.)
(740 ILCS 14/35 new)
Sec. 35. Violation of Act. The Attorney General and

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State's Attorneys have the sole authority to enforce this Act.
An action may be brought to enforce this Act only if a
violation of this Act causes actual harm.
(740 ILCS 14/40 new)
Sec. 40. Exemptions.
(a) A private entity is exempt under this Act if the
private entity 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, including, but not limited to,
the restriction of access to certain locations; or
(4) use by the human resource department or human
resource employees of the private entity.
(b) Notwithstanding subsection (a) of Section 15, a
private entity is exempt under this Act if the private entity
retains the biometric identifier or information no longer than
is reasonably necessary to satisfy a security purpose.".