Bill Text: IL SB0300 | 2021-2022 | 102nd General Assembly | Introduced

---

Bill Title: Amends the Biometric Information Privacy Act. Changes the definitions of "biometric information" and "written consent". Provides that a right of action shall be commenced within one year after the cause of action accrued, if, prior to initiating any action against a private entity, the aggrieved person provides a private entity 30 days' written notice identifying the specific provisions of the Act the aggrieved person alleges have been or are being violated. Provides that if within the 30 days the private entity cures the noticed violation as to the person providing notice and provides the person providing notice an express written statement that the violations have been cured and that no further violations shall occur, no action for damages of any kind may be initiated by the person providing notice against the private entity. Provides that if a private entity continues to violate the Act in breach of the express written statement, the aggrieved person may initiate an action against the private entity to enforce the written statement and may pursue statutory damages for each breach of the express written statement, as well as any other violation of the Act that postdates the written statement. Provides that a prevailing party may recover: against a private entity that negligently violates the Act, actual damages (rather than liquidated damages of $1,000 or actual damages); or against a private entity that willfully (rather than intentionally or recklessly) violates the Act, actual damages plus liquidated damages up to the amount of actual damages (rather than liquidated damages of $5,000 or actual damages). Add language governing: when certain claims accrue; limitations regarding the collection and use of biometric information to detect or contain the spread of COVID-19; and construction of the Act. Makes other changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-04-16 - Rule 3-9(a) / Re-referred to Assignments [SB0300 Detail]

Download: Illinois-2021-SB0300-Introduced.html

---

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB0300 Introduced 2/19/2021, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED:
740 ILCS 14/10
740 ILCS 14/15
740 ILCS 14/20
740 ILCS 14/21 new
740 ILCS 14/22 new
740 ILCS 14/25
Amends the Biometric Information Privacy Act. Changes the definitions of "biometric information" and "written consent". Provides that a right of action shall be commenced within one year after the cause of action accrued, if, prior to initiating any action against a private entity, the aggrieved person provides a private entity 30 days' written notice identifying the specific provisions of the Act the aggrieved person alleges have been or are being violated. Provides that if within the 30 days the private entity cures the noticed violation as to the person providing notice and provides the person providing notice an express written statement that the violations have been cured and that no further violations shall occur, no action for damages of any kind may be initiated by the person providing notice against the private entity. Provides that if a private entity continues to violate the Act in breach of the express written statement, the aggrieved person may initiate an action against the private entity to enforce the written statement and may pursue statutory damages for each breach of the express written statement, as well as any other violation of the Act that postdates the written statement. Provides that a prevailing party may recover: against a private entity that negligently violates the Act, actual damages (rather than liquidated damages of $1,000 or actual damages); or against a private entity that willfully (rather than intentionally or recklessly) violates the Act, actual damages plus liquidated damages up to the amount of actual damages (rather than liquidated damages of $5,000 or actual damages). Add language governing: when certain claims accrue; limitations regarding the collection and use of biometric information to detect or contain the spread of COVID-19; and construction of the Act. Makes other changes.
LRB102 13254 LNS 18598 b
A BILL FOR
SB0300 LRB102 13254 LNS 18598 b
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, 15, 20, and 25 and by adding
Sections 21 and 22 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

SB0300 - 2 - LRB102 13254 LNS 18598 b
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. Biometric information does not
include information that cannot be used to recreate the
original biometric identifier.
"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

SB0300 - 3 - LRB102 13254 LNS 18598 b
group, however organized. A private entity does not include a
State or local governmental 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. Written consent includes consent
obtained by electronic means.
(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 must develop a written
policy, made available to the person from whom biometric
identifiers or biometric information is to be or was collected
public, establishing a 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
order, warrant, or subpoena issued by a court of competent
jurisdiction or a local, State, or federal governmental
agency, or as otherwise required by law, a private entity in
possession of biometric identifiers or biometric information

SB0300 - 4 - LRB102 13254 LNS 18598 b
must comply with its established retention schedule and
destruction guidelines.
(b) No private entity may collect, capture, purchase, or
receive through trade, or otherwise obtain a person's or a
customer's biometric identifier or biometric information,
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 consent release executed by the
subject of the biometric identifier or biometric
information or the subject's legally authorized
representative.
(c) No private entity in possession of a biometric
identifier or biometric information may sell, lease, trade, or
otherwise 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 or ,
redisclose, or otherwise disseminate a person's or a

SB0300 - 5 - LRB102 13254 LNS 18598 b
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 provides written consent 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
local, State, or federal governmental agency, or as
otherwise required by law or municipal ordinance; or
(4) the disclosure is required pursuant to a valid
order, warrant, or subpoena issued by a court of competent
jurisdiction or a local, State, or federal governmental
agency, or as otherwise required by law.
(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
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

SB0300 - 6 - LRB102 13254 LNS 18598 b
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.
(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 shall have a right of action in a State
circuit court or as a supplemental claim in federal district
court against an offending party that shall be commenced
within one year next after the cause of action accrued, if,
prior to initiating any action against a private entity, the
aggrieved person provides a private entity 30 days' written
notice identifying the specific provisions of this Act the
aggrieved person alleges have been or are being violated. If
within the 30 days the private entity cures the noticed
violation as to the person providing notice and provides the
person providing notice an express written statement that the
violations have been cured and that no further violations
shall occur, no action for damages of any kind may be initiated
by the person providing notice against the private entity. If
a private entity continues to violate this Act in breach of the
express written statement provided under this Section, the
aggrieved person may initiate an action against the private
entity to enforce the written statement and may pursue
statutory damages for each breach of the express written

SB0300 - 7 - LRB102 13254 LNS 18598 b
statement, as well as any other violation of the Act that
postdates the written statement. A prevailing party in any
such action 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 willfully
intentionally or recklessly violates a provision of this
Act, actual damages plus liquidated damages up to the
amount of actual 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.
As used in this Section, "cure" means to provide the
disclosures or obtain the consent required by this Act within
30 days of the receipt of the written notice described in this
Section or to, within that same period, otherwise demonstrate
compliance with this Act.
(Source: P.A. 95-994, eff. 10-3-08.)
(740 ILCS 14/21 new)
Sec. 21. Accrual. A claim accrues under subsection (b) of
Section 15 upon a person's first use of the technology that the
person claims collected the person's biometric identifier or

SB0300 - 8 - LRB102 13254 LNS 18598 b
biometric information. A claim accrues under subsection (d) of
Section 15 upon the first disclosure or redisclosure of the
person's biometric identifier or biometric information.
(740 ILCS 14/22 new)
Sec. 22. COVID-19 limitation. Notwithstanding any
provision of this Act, a private entity shall not be subject to
any enforcement proceeding or liability under any provision of
this Act if the private entity collected, obtained, or
retained the biometric identifier or biometric information as
part of its efforts to detect or contain the spread of
COVID-19.
(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

SB0300 - 9 - LRB102 13254 LNS 18598 b
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 or federal
agency or local unit of government when working for that State
or federal agency or local unit of government.
(Source: P.A. 95-994, eff. 10-3-08.)