Bill Text: IL HB5521 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Creates the Illinois Biometric Surveillance Act. Provides that law enforcement agencies may not obtain, retain, possess, access, request, use, or enter into an agreement with a third party, State or local government agency, or federal agency to obtain, retain, possess, access request, or use a biometric identification system. Provides a private right of action and for enforcement by the Attorney General. Amends the Illinois Identification Card Act and the Illinois Vehicle Code to provide that the Secretary of State may not provide facial recognition search services except for verification of an individual's identity when issuing a mobile driver's license or identification card.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Introduced) 2026-04-09 - Added Co-Sponsor Rep. Diane Blair-Sherlock [HB5521 Detail]

Download: Illinois-2025-HB5521-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5521 Introduced , by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED:
New Act
15 ILCS 335/11 from Ch. 124, par. 31
625 ILCS 5/6-110.1
Creates the Illinois Biometric Surveillance Act. Provides that law enforcement agencies may not obtain, retain, possess, access, request, use, or enter into an agreement with a third party, State or local government agency, or federal agency to obtain, retain, possess, access request, or use a biometric identification system. Provides a private right of action and for enforcement by the Attorney General. Amends the Illinois Identification Card Act and the Illinois Vehicle Code to provide that the Secretary of State may not provide facial recognition search services except for verification of an individual's identity when issuing a mobile driver's license or identification card.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Illinois Biometric Surveillance Act.
Section 5. Definitions. As used in this Act:
"Biometric identification system" means any combination of
hardware, software, firmware, application, or tools used to
obtain, collect, process, store, transmit, display, share,
access, compare, verify, or otherwise handle biometric
information or biometric identifiers.
"Biometric identifier" means a retina or iris scan,
fingerprint, voiceprint, or scan of hand or face geometry.
"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.
"Law enforcement agency" means a State or local agency,
unit of local government, or private entity charged with the
enforcement of State, county, or municipal laws.
"State or local government agency" includes the Office of
the Governor and any executive office of Illinois as defined
by Article V of the Illinois Constitution, units of local

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government as defined by Article VII of the Illinois
Constitution, and any agency, bureau, department, office,
school district, or division or subdivision of the State,
including law enforcement agencies.
"Third party" shall mean a person who:
(1) is not a governmental entity; and
(2) is not the person to whom the personal data
pertains.
Section 10. Use of Biometric Identification Systems.
(a) A law enforcement agency may not obtain, retain,
possess, access, request, use or enter into an agreement with
a third party, State or local government agency, or federal
agency to obtain, retain, possess, access, request, or use a
biometric identification system or information derived from a
biometric identification system.
(b) Subsection (a) does not apply to:
(1) use of a biometric identification system for
employment background checks, fingerprinting pursuant to
an arrest or conviction, or to collect forensic evidence
at a crime scene; or
(2) a law enforcement officer's use of a personal or
work device to verify the officer's identity for purposes
of user authentication.
Section 15. Enforcement.

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(a) Cause of action.
(1) Any violation of this Act constitutes an injury,
and a person may institute proceedings for injunctive
relief, declaratory relief, or writ of mandamus in any
court of competent jurisdiction to enforce this Act.
(2) A person who has been subjected to biometric
identification in violation of this Act or about whom
biometric information or identifiers have been obtained,
retained, accessed, or used in violation of this Act may
institute proceedings in a court of competent
jurisdiction.
(b) Damages.
(1) A prevailing party may recover for each violation:
(A) against a law enforcement agency that
negligently violates a provision of this Act, $1,000
or actual damages, whichever is greater;
(B) against a law enforcement agency that
intentionally or recklessly violates a provision of
this Act, $5,000 or actual damages, whichever is
greater and seek injunctive or declaratory relief or
writ of mandamus; and
(C) reasonable attorney fees and costs, including
expert witness fees and other litigation expenses.
(2) A prevailing party is entitled to have the party's
biometric identifiers and information deleted and
permanently destroyed.

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(c) Enforcement by the Attorney General. If the Attorney
General has reasonable cause to believe that any State or
local government agency or law enforcement agency is engaged
in a practice prohibited by this Act, the Attorney General may
initiate or intervene in a civil action in any appropriate
court to obtain appropriate relief.
Section 90. The Illinois Identification Card Act is
amended by changing Section 11 as follows:
(15 ILCS 335/11) (from Ch. 124, par. 31)
Sec. 11. Records.
(a) The Secretary may make a search of his records and
furnish information as to whether a person has a current
Standard Illinois Identification Card or an Illinois Person
with a Disability Identification Card then on file, upon
receipt of a written application therefor accompanied with the
prescribed fee. However, the Secretary may not disclose
medical information concerning an individual to any person,
public agency, private agency, corporation or governmental
body unless the individual has submitted a written request for
the information or unless the individual has given prior
written consent for the release of the information to a
specific person or entity. This exception shall not apply to:
(1) offices and employees of the Secretary who have a need to
know the medical information in performance of their official

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duties, or (2) orders of a court of competent jurisdiction.
When medical information is disclosed by the Secretary in
accordance with the provisions of this Section, no liability
shall rest with the Office of the Secretary of State as the
information is released for informational purposes only.
(b) Except as otherwise provided in this Section, the
Secretary may release personally identifying information only
to:
(1) officers and employees of the Secretary who have a
need to know that information for issuance of driver's
licenses, permits, or identification cards and
investigation of fraud or misconduct;
(2) other governmental agencies for use in their
official governmental functions;
(3) law enforcement agencies for a criminal or civil
investigation, except as restricted by subsections (g) and
(h);
(3-5) the State Board of Elections as may be required
by an agreement the State Board of Elections has entered
into with a multi-state voter registration list
maintenance system; or
(4) any entity that the Secretary has authorized, by
rule.
(c) Except as otherwise provided in this Section, the
Secretary may release highly restricted personal information
only to:

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(1) officers and employees of the Secretary who have a
need to access the information for the issuance of
driver's licenses, permits, or identification cards and
investigation of fraud or misconduct;
(2) law enforcement officials for a criminal or civil
law enforcement investigation, except as restricted by
subsections (g) and (h);
(3) the State Board of Elections for the purpose of
providing the signature for completion of voter
registration; or
(4) any other entity the Secretary has authorized by
rule.
(c-5) The Secretary may use facial recognition to verify
an individual's identity when issuing a mobile driver's
license or identification card if the Secretary does not allow
any federal, State or local government agency, or third party
to access or otherwise use its facial recognition search
services.
(d) Documents required to be submitted with an application
for an identification card to prove the applicant's identity
(name and date of birth), social security number or lack of a
social security number, written signature, residency, and, as
applicable, citizenship and immigration status and country of
citizenship shall be confidential and shall not be disclosed
except to the following persons:
(1) the individual to whom the identification card was

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issued, upon written request;
(2) officers and employees of the Secretary of State
who have a need to have access to the stored images for
purposes of issuing and controlling driver's licenses,
permits, or identification cards and investigation of
fraud or misconduct;
(3) law enforcement officials for a civil or criminal
law enforcement investigation, except as restricted by
subsections (g) and (h);
(4) other entities that the Secretary may authorize by
rule.
(e) The Secretary may not disclose an individual's social
security number or any associated information obtained from
the Social Security Administration without the written request
or consent of the individual except: (i) to officers and
employees of the Secretary who have a need to know the social
security number in the performance of their official duties;
(ii) except as restricted by subsections (g) and (h) to law
enforcement officials for a civil or criminal law enforcement
investigation if an officer of the law enforcement agency has
made a written request to the Secretary specifying the law
enforcement investigation for which the social security number
is being sought; (iii) under a lawful court order signed by a
judge; (iv) to the Illinois Department of Veterans Affairs for
the purpose of confirming veteran status to agencies in other
states responsible for the issuance of state identification

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cards for participation in State-to-State verification
service; or (v) the last 4 digits to the Illinois State Board
of Elections for purposes of voter registration and as may be
required pursuant to an agreement for a multi-state voter
registration list maintenance system. The Secretary retains
the right to require additional verification regarding the
validity of a request from law enforcement. If social security
information is disclosed by the Secretary in accordance with
this Section, no liability shall rest with the Office of the
Secretary of State or any of its officers or employees, as the
information is released for official purposes only.
(f) The Secretary of State shall not provide facial
recognition search services or photographs obtained in the
process of issuing an identification card to any federal,
State, or local law enforcement agency or other governmental
entity for the purpose of enforcing federal immigration laws.
This subsection shall not apply to requests from federal,
State, or local law enforcement agencies or other governmental
entities for facial recognition search services or photographs
obtained in the process of issuing a driver's license or
permit when the purpose of the request relates to criminal
activity other than violations of immigration laws.
(g) Notwithstanding any other provision of law, the
Secretary may not release highly restricted personal
information or personally identifying information or disclose
documents described in subsection (d) to any immigration

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agent, as defined in Section 10 of the Illinois TRUST Act,
unless necessary to comply with the following, to the extent
that production of such information or documents is
specifically required:
(1) a lawful court order;
(2) a judicial warrant signed by a judge appointed
pursuant to Article III of the Constitution of the United
States; or
(3) a subpoena for individual records issued by a
federal or State court.
When responding to such a court order, warrant, or
subpoena, the Secretary shall disclose only those documents or
information specifically requested. Within 3 business days of
receiving such a court order, warrant, or subpoena, the
Secretary shall send a notification to the individual about
whom such information was requested that a court order,
warrant, or subpoena was received and the identity of the
entity that presented the court order, warrant, or subpoena.
(h) The Secretary shall not enter into or maintain any
agreement regarding the sharing of any highly restricted
personal information or personally identifying information or
documents described in subsection (d) unless all other parties
to such agreement certify that the information obtained will
not be used for civil immigration purposes or knowingly
disseminated to any third party for any purpose related to
civil immigration enforcement.

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(Source: P.A. 103-210, eff. 7-1-24; 104-234, eff. 8-15-25.)
Section 95. The Illinois Vehicle Code is amended by
changing Section 6-110.1 as follows:
(625 ILCS 5/6-110.1)
Sec. 6-110.1. Confidentiality of captured photographs or
images.
(a) The Secretary of State shall maintain a file on or
contract to file all photographs and signatures obtained in
the process of issuing a driver's license, permit, or
identification card. Except as otherwise provided in this
Section, the photographs and signatures shall be confidential
and shall not be disclosed except to the following persons:
(1) the individual to whom the driver's license or
permit was issued, upon written request;
(2) officers and employees of the Secretary of State
who have a need to have access to the stored images for
purposes of issuing and controlling driver's licenses,
permits, or identification cards and investigation of
fraud or misconduct;
(3) law enforcement officials for a civil or criminal
law enforcement investigation, except as restricted by
Section 6-110.3;
(3-5) the State Board of Elections for the sole
purpose of providing the signatures required by a local

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election authority to register a voter through an online
voter registration system;
(3-10) officers and employees of the Secretary of
State who have a need to have access to the stored images
for purposes of issuing and controlling notary public
commissions and for the purpose of providing the
signatures required to process online applications for
appointment and commission as notaries public; or
(4) other entities that the Secretary may authorize by
rule.
(b) The Secretary of State shall not provide facial
recognition search services or photographs obtained in the
process of issuing a driver's license or permit to any
federal, State, or local law enforcement agency or other
governmental entity for the purpose of enforcing federal
immigration laws. This subsection shall not apply to requests
from federal, State, or local law enforcement agencies or
other governmental entities for facial recognition search
services or photographs obtained in the process of issuing a
driver's license or permit when the purpose of the request
relates to criminal activity other than violations of
immigration laws.
(c) The Secretary may not provide facial recognition
search services or photographs obtained in the process of
issuing a driver's license or permit to any federal, State or
local government agency, or third party.

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(Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)