Bill Text: IL HB5836 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Biometric Information Privacy Act. Provides that a private entity that, in more than one instance, collects, captures, purchases, receives through trade, or otherwise obtains the same biometric identifier or biometric information from the same person using the same method of collection in violation of the Act has committed a single violation for which the aggrieved person is entitled to, at most, one recovery. Provides that a private entity that, in more than one instance, discloses, rediscloses, or otherwise disseminates the same biometric identifier or biometric information from the same person to the same recipient using the same method of collection in violation of the Act has committed a single violation for which the aggrieved person is entitled to, at most, one recovery regardless of the number of times the private entity disclosed, redisclosed, or otherwise disseminated the same biometric identifier or biometric information of the same person to the same recipient. Establishes that any violations of the Act by an Internet dating service shall be enforced exclusively by the Attorney General. Provides that nothing in the Act shall be construed to apply to an Internet dating service, or a provider acting on its behalf, while engaged in the collection, capture, processing, possession, retention, disclosure, redisclosure, or dissemination of biometric information or biometric identifiers for a safety purpose. Sets forth an exemption for Internet dating services. Defines terms.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-05-08 - Referred to Rules Committee [HB5836 Detail]

Download: Illinois-2023-HB5836-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5836 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
740 ILCS 14/10
740 ILCS 14/20
740 ILCS 14/25
Amends the Biometric Information Privacy Act. Provides that a private entity that, in more than one instance, collects, captures, purchases, receives through trade, or otherwise obtains the same biometric identifier or biometric information from the same person using the same method of collection in violation of the Act has committed a single violation for which the aggrieved person is entitled to, at most, one recovery. Provides that a private entity that, in more than one instance, discloses, rediscloses, or otherwise disseminates the same biometric identifier or biometric information from the same person to the same recipient using the same method of collection in violation of the Act has committed a single violation for which the aggrieved person is entitled to, at most, one recovery regardless of the number of times the private entity disclosed, redisclosed, or otherwise disseminated the same biometric identifier or biometric information of the same person to the same recipient. Establishes that any violations of the Act by an Internet dating service shall be enforced exclusively by the Attorney General. Provides that nothing in the Act shall be construed to apply to an Internet dating service, or a provider acting on its behalf, while engaged in the collection, capture, processing, possession, retention, disclosure, redisclosure, or dissemination of biometric information or biometric identifiers for a safety purpose. Sets forth an exemption for Internet dating services. Defines terms.
LRB103 40408 LNS 72719 b
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 5. The Biometric Information Privacy Act is
amended by changing Sections 10, 20, and 25 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
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

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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
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.
"Electronic signature" means an electronic sound, symbol,
or process attached to or logically associated with a record
and executed or adopted by a person with the intent to sign the
record.
"Internet dating service" means a person or entity in the

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business of providing dating, romantic relationship, or
matrimonial services principally on or through the Internet.
"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.
"Safety purpose" means the purpose of preventing,
detecting, investigating or responding to actual or suspected
criminal activity, harassment, or fraud, including spam.
"Written release" means informed written consent,
electronic signature, 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 14/20)
Sec. 20. Right of action.
(a) Any person aggrieved by a violation of this Act 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 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;

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(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.
(b) For purposes of subsection (b) of Section 15, a
private entity that, in more than one instance, collects,
captures, purchases, receives through trade, or otherwise
obtains the same biometric identifier or biometric information
from the same person using the same method of collection in
violation of subsection (b) of Section 15 has committed a
single violation of subsection (b) of Section 15 for which the
aggrieved person is entitled to, at most, one recovery under
this Section.
(c) For purposes of subsection (d) of Section 15, a
private entity that, in more than one instance, discloses,
rediscloses, or otherwise disseminates the same biometric
identifier or biometric information from the same person to
the same recipient using the same method of collection in
violation of subsection (d) of Section 15 has committed a
single violation of subsection (d) of Section 15 for which the
aggrieved person is entitled to, at most, one recovery under
this Section regardless of the number of times the private
entity disclosed, redisclosed, or otherwise disseminated the

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same biometric identifier or biometric information of the same
person to the same recipient.
(d) Any violations of this Act by an Internet dating
service shall be enforced exclusively by the Attorney General.
(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 construed to conflict
with the X-Ray Retention Act, the federal Health Insurance
Portability and Accountability Act of 1996 and the rules
promulgated under either Act.
(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

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