Bill Amendment: IL SB3053 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: BIOMETRIC INFO PRIVACY-EXEMPT

Status: 2019-01-09 - Session Sine Die [SB3053 Detail]

Download: Illinois-2017-SB3053-Senate_Amendment_002.html

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Sen. Bill Cunningham

Filed: 4/6/2018

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AMENDMENT TO SENATE BILL 3053
AMENDMENT NO. ______. Amend Senate Bill 3053 by replacing
everything after the enacting clause with the following:
"Section 5. The Biometric Information Privacy Act is
amended by changing Sections 10, 15, 20, and 25 and by adding
Section 35 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 that
is linked by a private entity to the subject's confidential and
sensitive information. Biometric identifiers do not include
physical or digital photographs; video recordings; audio
recordings; data generated from physical or digital
photographs, video recordings, or audio recordings; writing
samples; , written signatures; , photographs, human biological

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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 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 that is linked by a
private entity to the subject's confidential and sensitive
information used to identify an individual. Biometric
information does not include information derived from items or

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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
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.
"Written release" means informed written consent or, in the
context of employment, a release executed by an employee as a
condition of employment.
(Source: P.A. 95-994, eff. 10-3-08.)
(740 ILCS 14/15)
Sec. 15. Retention; collection; disclosure; destruction.
(a) A private entity in possession of biometric identifiers
or biometric information for more than 24 hours must develop a
written policy, made available to the public, establishing a

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retention schedule and guidelines for permanently destroying
biometric identifiers and biometric information when the
initial purpose for collecting or obtaining such identifiers or
information has been satisfied or within 3 years of the
individual's last interaction with the private entity,
whichever occurs first. Absent a valid warrant or subpoena
issued by a court of competent jurisdiction, a private entity
in possession of biometric identifiers or biometric
information must comply with its established retention
schedule and destruction guidelines.
(b) No private entity may collect, capture, purchase,
receive through trade, or otherwise obtain a person's or a
customer's biometric identifier or biometric information and
retain it for more than 24 hours, unless it first:
(1) informs the subject or the subject's legally
authorized representative in writing that a biometric
identifier or biometric information is being collected or
stored;
(2) informs the subject or the subject's legally
authorized representative in writing of the specific
purpose and length of term for which a biometric identifier
or biometric information is being collected, stored, and
used; and
(3) receives a written release executed by the subject
of the biometric identifier or biometric information or the
subject's legally authorized representative.

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(c) No private entity in possession of a biometric
identifier or biometric information may sell, lease, trade, or
otherwise exchange for financial consideration profit from a
person's or a customer's biometric identifier or biometric
information.
(d) No private entity in possession of a biometric
identifier or biometric information may disclose, redisclose,
or otherwise disseminate a person's or a customer's biometric
identifier or biometric information unless:
(1) the subject of the biometric identifier or
biometric information or the subject's legally authorized
representative consents to the disclosure or redisclosure;
(2) the disclosure or redisclosure completes a
financial transaction requested or authorized by the
subject of the biometric identifier or the biometric
information or the subject's legally authorized
representative;
(3) the disclosure or redisclosure is required by State
or federal law or municipal ordinance; or
(4) the disclosure is required pursuant to a valid
warrant or subpoena issued by a court of competent
jurisdiction.
(e) A private entity in possession of a biometric
identifier or biometric information shall:
(1) store, transmit, and protect from disclosure all
biometric identifiers and biometric information using the

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reasonable standard of care within the private entity's
industry; and
(2) store, transmit, and protect from disclosure all
biometric identifiers and biometric information in a
manner that is the same as or more protective than the
manner in which the private entity stores, transmits, and
protects other confidential and sensitive information.
(f) It is not unlawful under this Act for any user to
collect, capture, otherwise obtain, or possess a biometric
identifier or biometric information on a personal device,
unless the biometric identifier or biometric information is
used for the purpose of committing a criminal or tortious act.
It is not unlawful under this Act for a private entity to
create or make available a device, software, or other
functionality that collects, captures, otherwise obtains, or
possesses biometric identifiers or biometric information on a
personal device. It is not unlawful under this Act for a cloud
service provider to take any action at the direction of or on
behalf of a user of the cloud service.
(Source: P.A. 95-994, eff. 10-3-08.)
(740 ILCS 14/20)
Sec. 20. Right of action. Any person aggrieved by a
violation of this Act that occurs in this State shall have a
right of action in a State circuit court or as a supplemental
claim in federal district court against an offending party. A

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prevailing party may recover for each violation:
(1) against a private entity that negligently violates
a provision of this Act, liquidated damages of $1,000 or
actual damages, whichever is greater;
(2) against a private entity that intentionally or
recklessly violates a provision of this Act, liquidated
damages of $5,000 or actual damages, whichever is greater;
(3) reasonable attorneys' fees and costs, including
expert witness fees and other litigation expenses; and
(4) other relief, including an injunction, as the State
or federal court may deem appropriate.
(Source: P.A. 95-994, eff. 10-3-08.)
(740 ILCS 14/25)
Sec. 25. Construction.
(a) Nothing in this Act shall be construed to impact the
admission or discovery of biometric identifiers and biometric
information in any action of any kind in any court, or before
any tribunal, board, agency, or person.
(b) Nothing in this Act shall be deemed to apply in any
manner to a private entity that complies construed to conflict
with the X-Ray Retention Act, the federal Health Insurance
Portability and Accountability Act of 1996 as amended by the
Health Information Technology for Economic and Clinical Health
Act of 2009, the Personal Information Protection Act, and the
rules promulgated under those Acts either Act.

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(c) Nothing in this Act shall be deemed to apply in any
manner to a financial institution or an affiliate of a
financial institution that is subject to Title V of the federal
Gramm-Leach-Bliley Act of 1999 and the rules promulgated
thereunder.
(d) Nothing in this Act shall be construed to conflict with
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004 and the rules
promulgated thereunder.
(e) Nothing in this Act shall be construed to apply to a
contractor, subcontractor, or agent of a State agency or local
unit of government when working for that State agency or local
unit of government.
(f) Nothing in this Act shall be deemed to apply to a
private entity collecting, storing, or transmitting biometric
information if:
(1) the biometric information is used exclusively for:
(A) employment, human resources, compliance,
identification, or authentication purposes;
(B) preventing or investigating acts of terrorism,
human trafficking, kidnapping, or violence; or
(C) safety, security, or fraud prevention
purposes;
(2) the private entity does not sell, lease, or trade
the biometric identifier or biometric information
collected; and

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(3) the private entity documents a process and time
frame to delete any biometric information used for the
purposes identified in paragraph (1).
(Source: P.A. 95-994, eff. 10-3-08.)
(740 ILCS 14/35 new)
Sec. 35. Department of Labor website. The Illinois
Department of Labor shall provide on its website information
for employers regarding the requirements of this Act.".