Bill Text: IL HB4692 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Biometric Information Privacy Act. Changes the definitions of "biometric identifier" and "written release". Defines "biometric lock", "biometric time clock", "electronic signature", "in writing", and "security purpose". Provides that if the biometric identifier or biometric information is collected or captured for the same repeated process, the private entity is only required to inform the subject or receive consent during the initial collection. Waives certain requirements for collecting, capturing, or otherwise obtaining a person's or a customer's biometric identifier or biometric information under certain circumstances relating to security purposes. Provides that nothing in the Act shall be construed to apply to information captured by a biometric time clock or biometric lock that converts a person's biometric identifier or biometric information to a mathematical representation. Requires the Department of Labor to provide information for employers regarding the requirements of the Act on its website. Amends the Workers' Compensation Act. Provides that nothing in the Act limits, prevents, or preempts a recovery by an employee under the Biometric Information Privacy Act. Effective immediately.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2022-04-07 - Added Co-Sponsor Rep. Dave Severin [HB4692 Detail]
Download: Illinois-2021-HB4692-Introduced.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Biometric Information Privacy Act is | |||||||||||||||||||||||||||
5 | amended by changing Sections 10, 15, and 25 and by adding | |||||||||||||||||||||||||||
6 | Section 35 as follows:
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7 | (740 ILCS 14/10)
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8 | Sec. 10. Definitions. In this Act: | |||||||||||||||||||||||||||
9 | "Biometric identifier" means a retina or iris scan, | |||||||||||||||||||||||||||
10 | fingerprint, voiceprint, or scan of hand or face geometry. | |||||||||||||||||||||||||||
11 | Biometric identifiers do not include writing samples, written | |||||||||||||||||||||||||||
12 | signatures, photographs, human biological samples used for | |||||||||||||||||||||||||||
13 | valid scientific testing or screening, demographic data, | |||||||||||||||||||||||||||
14 | tattoo descriptions, or physical descriptions such as height, | |||||||||||||||||||||||||||
15 | weight, hair color, or eye color. Biometric identifiers do not | |||||||||||||||||||||||||||
16 | include donated organs, tissues, or parts as defined in the | |||||||||||||||||||||||||||
17 | Illinois Anatomical Gift Act or blood or serum stored on | |||||||||||||||||||||||||||
18 | behalf of recipients or potential recipients of living or | |||||||||||||||||||||||||||
19 | cadaveric transplants and obtained or stored by a federally | |||||||||||||||||||||||||||
20 | designated organ procurement agency. Biometric identifiers do | |||||||||||||||||||||||||||
21 | not include biological materials regulated under the Genetic | |||||||||||||||||||||||||||
22 | Information Privacy Act. Biometric identifiers do not include | |||||||||||||||||||||||||||
23 | information captured from a patient in a health care setting |
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1 | or information collected, used, or stored for health care | ||||||
2 | treatment, payment, or operations under the federal Health | ||||||
3 | Insurance Portability and Accountability Act of 1996. | ||||||
4 | Biometric identifiers do not include an X-ray, roentgen | ||||||
5 | process, computed tomography, MRI, PET scan, mammography, or | ||||||
6 | other image or film of the human anatomy used to diagnose, | ||||||
7 | prognose, or treat an illness or other medical condition or to | ||||||
8 | further validate scientific testing or screening. Biometric | ||||||
9 | identifiers do not include information captured and converted | ||||||
10 | to a mathematical representation, including, but not limited | ||||||
11 | to, a numeric string or similar method that cannot be used to | ||||||
12 | recreate the biometric identifier. | ||||||
13 | "Biometric information" means any information, regardless | ||||||
14 | of how it is captured, converted, stored, or shared, based on | ||||||
15 | an individual's biometric identifier used to identify an | ||||||
16 | individual. Biometric information does not include information | ||||||
17 | derived from items or procedures excluded under the definition | ||||||
18 | of biometric identifiers. | ||||||
19 | "Biometric lock" means a device that is used to grant | ||||||
20 | access to a person and converts the person's biometric | ||||||
21 | identifier or biometric information to a mathematical | ||||||
22 | representation, including, but not limited to, a numeric | ||||||
23 | string or similar method that cannot be used to recreate the | ||||||
24 | person's biometric identifier. | ||||||
25 | "Biometric time clock" means a device that is used for | ||||||
26 | time management and converts a person's biometric identifier |
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1 | or biometric information to a mathematical representation, | ||||||
2 | including, but not limited to, a numeric string or similar | ||||||
3 | method that cannot be used to recreate the person's biometric | ||||||
4 | identifier. | ||||||
5 | "Confidential and sensitive information" means personal | ||||||
6 | information that can be used to uniquely identify an | ||||||
7 | individual or an individual's account or property. Examples of | ||||||
8 | confidential and sensitive information include, but are not | ||||||
9 | limited to, a genetic marker, genetic testing information, a | ||||||
10 | unique identifier number to locate an account or property, an | ||||||
11 | account number, a PIN number, a pass code, a driver's license | ||||||
12 | number, or a social security number. | ||||||
13 | "Electronic signature" means a signature in electronic | ||||||
14 | form attached to or logically associated with an electronic | ||||||
15 | record. | ||||||
16 | "In writing" includes, but is not limited to, electronic | ||||||
17 | communications or notices. | ||||||
18 | "Private entity" means any individual, partnership, | ||||||
19 | corporation, limited liability company, association, or other | ||||||
20 | group, however organized.
A private entity does not include a | ||||||
21 | State or local government agency. A private entity does not | ||||||
22 | include any court of Illinois, a clerk of the court, or a judge | ||||||
23 | or justice thereof. | ||||||
24 | "Security purpose" means for the purpose of preventing or | ||||||
25 | investigating retail theft, fraud, or any other | ||||||
26 | misappropriation or theft of a thing of value. "Security |
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1 | purpose" includes protecting property from trespass, | ||||||
2 | controlling access to property, or protecting any person from | ||||||
3 | harm, including stalking, violence, or harassment, and | ||||||
4 | includes assisting a law enforcement investigation. | ||||||
5 | "Written release" means informed written consent or, in | ||||||
6 | the context of employment, a release executed by an employee | ||||||
7 | as a condition of employment. Written release includes | ||||||
8 | electronic communications, and such a release or communication | ||||||
9 | by electronic signature of the employee as provided under | ||||||
10 | Section 5-120 of the Electronic Commerce Security Act.
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11 | (Source: P.A. 95-994, eff. 10-3-08.)
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12 | (740 ILCS 14/15)
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13 | Sec. 15. Retention; collection; disclosure; destruction. | ||||||
14 | (a) A private entity in possession of biometric | ||||||
15 | identifiers or biometric information must develop a written | ||||||
16 | policy, made available to the public, establishing a retention | ||||||
17 | schedule and guidelines for permanently destroying biometric | ||||||
18 | identifiers and biometric information when the initial purpose | ||||||
19 | for collecting or obtaining such identifiers or information | ||||||
20 | has been satisfied or within 3 years of the individual's last | ||||||
21 | interaction with the private entity, whichever occurs first. | ||||||
22 | Absent a valid warrant or subpoena issued by a court of | ||||||
23 | competent jurisdiction, a private entity in possession of | ||||||
24 | biometric identifiers or biometric information must comply | ||||||
25 | with its established retention schedule and destruction |
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1 | guidelines. | ||||||
2 | (b) No private entity may collect, capture, purchase, | ||||||
3 | receive through trade, or otherwise obtain a person's or a | ||||||
4 | customer's biometric identifier or biometric information, | ||||||
5 | unless it first: | ||||||
6 | (1) informs the subject or the subject's legally | ||||||
7 | authorized representative in writing that a biometric | ||||||
8 | identifier or biometric information is being collected or | ||||||
9 | stored; | ||||||
10 | (2) informs the subject or the subject's legally | ||||||
11 | authorized representative in writing of the specific | ||||||
12 | purpose and length of term for which a biometric | ||||||
13 | identifier or biometric information is being collected, | ||||||
14 | stored, and used; and | ||||||
15 | (3) receives a written release executed by the subject | ||||||
16 | of the biometric identifier or biometric information or | ||||||
17 | the subject's legally authorized representative.
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18 | (b-5) If the biometric identifier or biometric information | ||||||
19 | is collected or captured for the same repeated process, the | ||||||
20 | private entity is only required to inform the subject or | ||||||
21 | receive consent pursuant paragraphs (1), (2), and (3) of | ||||||
22 | subsection (b) during the initial collection. | ||||||
23 | (b-10) A private entity may collect, capture, or otherwise | ||||||
24 | obtain a person's or a customer's biometric identifier or | ||||||
25 | biometric information without satisfying the requirements of | ||||||
26 | subsection (b) if: |
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1 | (1) the private entity collects, captures, or | ||||||
2 | otherwise obtains a person's or a customer's biometric | ||||||
3 | identifier or biometric information for a security | ||||||
4 | purpose; | ||||||
5 | (2) the private entity uses the biometric identifier | ||||||
6 | or biometric information only for a security purpose; | ||||||
7 | (3) the private entity retains the biometric | ||||||
8 | identifier or biometric information no longer than is | ||||||
9 | reasonably necessary to satisfy a security purpose; and | ||||||
10 | (4) the private entity documents a process and time | ||||||
11 | frame to delete any biometric information used for the | ||||||
12 | purposes identified in this subsection. | ||||||
13 | (c) No private entity in possession of a biometric | ||||||
14 | identifier or biometric information may sell, lease, trade, or | ||||||
15 | otherwise profit from a person's or a customer's biometric | ||||||
16 | identifier or biometric information. | ||||||
17 | (d) No private entity in possession of a biometric | ||||||
18 | identifier or biometric information may disclose, redisclose, | ||||||
19 | or otherwise disseminate a person's or a customer's biometric | ||||||
20 | identifier or biometric information
unless: | ||||||
21 | (1) the subject of the biometric identifier or
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22 | biometric information or the subject's legally authorized
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23 | representative consents to the disclosure or redisclosure; | ||||||
24 | (2) the disclosure or redisclosure completes a | ||||||
25 | financial transaction requested or authorized by the | ||||||
26 | subject of the biometric identifier or the biometric |
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1 | information or the subject's legally authorized | ||||||
2 | representative; | ||||||
3 | (3) the disclosure or redisclosure is required by | ||||||
4 | State or federal law or municipal ordinance; or | ||||||
5 | (4) the disclosure is required pursuant to a valid | ||||||
6 | warrant or subpoena issued by a court of competent | ||||||
7 | jurisdiction.
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8 | (e) A private entity in possession of a biometric | ||||||
9 | identifier or biometric information shall: | ||||||
10 | (1) store, transmit, and protect from disclosure all | ||||||
11 | biometric identifiers and biometric information using the | ||||||
12 | reasonable standard of care within the private entity's | ||||||
13 | industry; and
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14 | (2) store, transmit, and protect from disclosure all | ||||||
15 | biometric identifiers and biometric information in a | ||||||
16 | manner that is the same as or more protective than the | ||||||
17 | manner in which the private entity stores, transmits, and | ||||||
18 | protects other confidential and sensitive information.
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19 | (Source: P.A. 95-994, eff. 10-3-08.)
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20 | (740 ILCS 14/25)
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21 | Sec. 25. Construction. | ||||||
22 | (a) Nothing in this Act shall be construed to impact the | ||||||
23 | admission or discovery of biometric identifiers and biometric | ||||||
24 | information in any action of any kind in any court, or before | ||||||
25 | any tribunal, board, agency, or person. |
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1 | (b) Nothing in this Act shall be construed to conflict | ||||||
2 | with the X-Ray Retention Act, the federal Health Insurance | ||||||
3 | Portability and Accountability Act of 1996 and the rules | ||||||
4 | promulgated under either Act. | ||||||
5 | (c) Nothing in this Act shall be deemed to apply in any | ||||||
6 | manner to a financial institution or an affiliate of a | ||||||
7 | financial institution that is subject to Title V of the | ||||||
8 | federal Gramm-Leach-Bliley Act of 1999 and the rules | ||||||
9 | promulgated thereunder. | ||||||
10 | (d) Nothing in this Act shall be construed to conflict | ||||||
11 | with the Private Detective, Private Alarm, Private Security, | ||||||
12 | Fingerprint Vendor, and Locksmith Act of 2004 and the rules | ||||||
13 | promulgated thereunder or information captured by an alarm | ||||||
14 | system as defined by that Act installed by a person licensed | ||||||
15 | under that Act and the rules adopted thereunder . | ||||||
16 | (e) Nothing in this Act shall be construed to apply to a | ||||||
17 | contractor, subcontractor, or agent of a State agency or local | ||||||
18 | unit of government when working for that State agency or local | ||||||
19 | unit of government.
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20 | (f) Nothing in this Act shall be construed to apply to | ||||||
21 | information captured by a biometric time clock or biometric | ||||||
22 | lock that converts a person's biometric identifier or | ||||||
23 | biometric information to a mathematical representation, | ||||||
24 | including, but not limited to, a numeric string or similar | ||||||
25 | method that cannot be used to recreate the person's biometric | ||||||
26 | identifier or biometric information. |
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1 | (Source: P.A. 95-994, eff. 10-3-08.)
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2 | (740 ILCS 14/35 new) | ||||||
3 | Sec. 35. Department of Labor website. The Department of | ||||||
4 | Labor shall provide on its website information for employers | ||||||
5 | regarding the requirements of this Act.
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6 | Section 10. The Workers' Compensation Act is amended by | ||||||
7 | changing Section 5 as follows:
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8 | (820 ILCS 305/5) (from Ch. 48, par. 138.5)
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9 | Sec. 5. Damages; minors; third-party liability. | ||||||
10 | (a) Except as provided in Section 1.2, no common law or | ||||||
11 | statutory right to recover damages from the
employer, his | ||||||
12 | insurer, his broker, any service organization that is wholly | ||||||
13 | owned by the
employer, his insurer or his broker and that | ||||||
14 | provides safety service, advice or
recommendations for the | ||||||
15 | employer or the agents or employees of any of them
for injury | ||||||
16 | or death sustained by any employee while engaged in the line of
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17 | his duty as such employee, other than the compensation herein | ||||||
18 | provided, is
available to any employee who is covered by the | ||||||
19 | provisions of this Act, to
any one wholly or partially | ||||||
20 | dependent upon him, the legal representatives
of his estate, | ||||||
21 | or any one otherwise entitled to recover damages for such
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22 | injury.
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23 | However, in any action now pending or hereafter begun to |
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1 | enforce a
common law or statutory right to recover damages for | ||||||
2 | negligently causing
the injury or death of any employee it is | ||||||
3 | not necessary to allege in the
complaint that either the | ||||||
4 | employee or the employer or both were not
governed by the | ||||||
5 | provisions of this Act or of any similar Act in force in
this | ||||||
6 | or any other State. Moreover, nothing in this Act limits, | ||||||
7 | prevents, or preempts a recovery by an employee under the | ||||||
8 | Biometric Information Privacy Act.
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9 | Any illegally employed minor or his legal representatives | ||||||
10 | shall, except
as hereinafter provided, have the right within 6 | ||||||
11 | months after the time of
injury or death, or within 6 months | ||||||
12 | after the appointment of a legal representative,
whichever | ||||||
13 | shall be later, to file with the Commission a rejection of his
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14 | right to the benefits under this Act, in which case such | ||||||
15 | illegally employed
minor or his legal representatives shall | ||||||
16 | have the right to pursue his or
their common law or statutory | ||||||
17 | remedies to recover damages for such injury or death.
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18 | No payment of compensation under this Act shall be made to | ||||||
19 | an illegally
employed minor, or his legal representatives, | ||||||
20 | unless such payment and the
waiver of his right to reject the
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21 | benefits of this Act has first
been approved by the Commission | ||||||
22 | or any member thereof, and if such payment
and the waiver of | ||||||
23 | his right of rejection
has been so approved such payment is a | ||||||
24 | bar to a subsequent rejection of the
provisions of this Act.
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25 | (b) Where the injury or death for which compensation is | ||||||
26 | payable under
this Act was caused under circumstances creating |
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1 | a legal liability for
damages on the part of some person other | ||||||
2 | than his employer to pay damages,
then legal proceedings may | ||||||
3 | be taken against such other person to recover
damages | ||||||
4 | notwithstanding such employer's payment of or liability to pay
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5 | compensation under this Act. In such case, however, if the | ||||||
6 | action against
such other person is brought by the injured | ||||||
7 | employee or his personal
representative and judgment is | ||||||
8 | obtained and paid, or settlement is made
with such other | ||||||
9 | person, either with or without suit, then from the amount
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10 | received by such employee or personal representative there | ||||||
11 | shall be paid to
the employer the amount of compensation paid | ||||||
12 | or to be paid by him to such
employee or personal | ||||||
13 | representative including amounts paid or to be paid
pursuant | ||||||
14 | to paragraph (a) of Section 8 of this Act.
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15 | Out of any reimbursement received by the employer pursuant | ||||||
16 | to this
Section the employer shall pay his pro rata share of | ||||||
17 | all costs and
reasonably necessary expenses in connection with | ||||||
18 | such third-party claim,
action or suit and where the services | ||||||
19 | of an attorney at law of the employee
or dependents have | ||||||
20 | resulted in or substantially contributed to the
procurement by | ||||||
21 | suit, settlement or otherwise of the proceeds out of which
the | ||||||
22 | employer is reimbursed, then, in the absence of other | ||||||
23 | agreement, the
employer shall pay such attorney 25% of the | ||||||
24 | gross amount of such
reimbursement.
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25 | If the injured employee or his personal representative | ||||||
26 | agrees to receive
compensation from the employer or accept |
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1 | from the employer any payment on
account of such compensation, | ||||||
2 | or to institute proceedings to recover the
same, the employer | ||||||
3 | may have or claim a lien upon any award, judgment or
fund out | ||||||
4 | of which such employee might be compensated from such third | ||||||
5 | party.
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6 | In such actions brought by the employee or his personal | ||||||
7 | representative,
he shall forthwith notify his employer by | ||||||
8 | personal service or registered
mail, of such fact and of the | ||||||
9 | name of the court in which the suit is
brought, filing proof | ||||||
10 | thereof in the action. The employer may, at any time
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11 | thereafter join in the action upon his motion so that all | ||||||
12 | orders of court
after hearing and judgment shall be made for | ||||||
13 | his protection. No release or
settlement of claim for damages | ||||||
14 | by reason of such injury or death, and no
satisfaction of | ||||||
15 | judgment in such proceedings shall be valid without the
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16 | written consent of both employer and employee or his personal
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17 | representative, except in the case of the employers, such | ||||||
18 | consent is not
required where the employer has been fully | ||||||
19 | indemnified or protected by
Court order.
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20 | In the event the employee or his personal representative | ||||||
21 | fails to
institute a proceeding against such third person at | ||||||
22 | any time prior to 3
months before such action would be barred, | ||||||
23 | the employer may in his own name
or in the name of the | ||||||
24 | employee, or his personal representative, commence a
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25 | proceeding against such other person for the recovery of | ||||||
26 | damages on account
of such injury or death to the employee, and |
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1 | out of any amount recovered
the employer shall pay over to the | ||||||
2 | injured employee or his personal
representatives all sums | ||||||
3 | collected from such other person by judgment or
otherwise in | ||||||
4 | excess of the amount of such compensation paid or to be paid
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5 | under this Act, including amounts paid or to be paid pursuant | ||||||
6 | to paragraph
(a) of Section 8 of this Act, and costs, | ||||||
7 | attorney's fees and reasonable
expenses as may be incurred by | ||||||
8 | such employer in making such collection or
in enforcing such | ||||||
9 | liability.
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10 | (Source: P.A. 101-6, eff. 5-17-19.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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