Bill Text: IL HB5635 | 2023-2024 | 103rd General Assembly | Introduced

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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", "person", 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. Provides that any person aggrieved by a violation of this Act has a right of action in State court or federal court within one year from its occurrence. Requires the aggrieved person to provide the private entity 30 days a written entity alleging the specific provisions of the Act that have been violated. Provides the private entity 30 days to cure the noticed violation. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB5635 Detail]

Download: Illinois-2023-HB5635-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5635 Introduced 2/9/2024, by Rep. Jeff Keicher SYNOPSIS AS INTRODUCED:
740 ILCS 14/10
740 ILCS 14/15
740 ILCS 14/20
740 ILCS 14/25
Amends the Biometric Information Privacy Act. Changes the definitions of "biometric identifier" and "written release". Defines "biometric lock", "biometric time clock", "electronic signature", "person", 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. Provides that any person aggrieved by a violation of this Act has a right of action in State court or federal court within one year from its occurrence. Requires the aggrieved person to provide the private entity 30 days a written entity alleging the specific provisions of the Act that have been violated. Provides the private entity 30 days to cure the noticed violation. Effective immediately.
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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 5. The Biometric Information Privacy Act is
amended by changing Sections 10, 15, 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
identifiers do not include information captured and converted
to a mathematical representation, including, but not limited
to, a numeric string or similar method that cannot be used to
recreate the biometric identifier. Biometric identifiers do
not include information that cannot reasonably be used to
identify an individual.
"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 lock" means a device that is used to grant
access to a person and converts the person's biometric
identifier or biometric information to a mathematical
representation, including, but not limited to, a numeric
string or similar method that cannot be used to recreate the
person's biometric identifier.
"Biometric time clock" means a device that is used for

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time management and converts a person's biometric identifier
or biometric information to a mathematical representation,
including, but not limited to, a numeric string or similar
method that cannot be used to recreate the person's 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.
"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.
"Person" means a natural person. A person does not include
an individual a private entity has no knowing contact with, or
awareness of.
"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 governmental government agency. A private
entity does not include any court of Illinois, a clerk of the
court, or a judge or justice thereof.

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"Security purpose" means for the purpose of preventing or
investigating retail theft, fraud, or any other
misappropriation or theft of a thing of value. "Security
purpose" includes protecting property from trespass,
controlling access to property, or protecting any person from
harm, including stalking, violence, or harassment, and
includes assisting a law enforcement investigation.
"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 14/15)
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
information is to be collected 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 or federal governmental agency, a

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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,
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.
(b-5) A private entity may collect, capture, or otherwise
obtain a person's or a customer's biometric identifier or
biometric information without satisfying the requirements of
subsection (b) if:
(1) the private entity collects, captures, or
otherwise obtains a person's or a customer's biometric
identifier or biometric information for a security

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purpose;
(2) the private entity uses the biometric identifier
or biometric information only for a security purpose;
(3) the private entity retains the biometric
identifier or biometric information no longer than is
reasonably necessary to satisfy a security purpose; and
(4) the private entity documents a process and time
frame to delete any biometric information used for the
purposes identified in this subsection.
(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, 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

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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
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.
(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, which 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

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specific provisions of this Act the aggrieved person alleges
have been or are being violated. If, within the 30 days, the
private entity actually cures the noticed violation and
provides the aggrieved person an express written statement
that the violation has been cured and that no further
violations shall occur, no action for individual statutory
damages or class-wide statutory damages may be initiated
against the private entity. If a private entity continues to
violate this Act in breach of the express written statement
provided to the aggrieved person 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
statement and any other violation that postdates the written
statement. 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;
(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) As intended by the General Assembly in enacting the

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Act, and 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 biometric identifiers 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) As intended by the General Assembly in enacting the
Act, and for purposes of subsection (d) of Section 15, a
private entity that, in more than one instance, discloses,
rediscloses, or otherwise disseminates biometric identifiers
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 same
biometric identifier or biometric information of the same
person to the same recipient.
(Source: P.A. 95-994, eff. 10-3-08.)
(740 ILCS 14/25)
Sec. 25. Construction.

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(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 or information captured by an alarm
system as defined by that Act installed by a person licensed
under that Act and the rules adopted 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.
(f) Nothing in this 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

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biometric information to a mathematical representation,
including, but not limited to, a numeric string or similar
method that cannot be used to recreate the person's biometric
identifier or biometric information.
(g) Nothing in this Act shall be construed to apply to a
private entity if the private entity's employees are covered
by a collective bargaining agreement that provides for
different policies regarding the retention, collection,
disclosure, and destruction of biometric information.
(Source: P.A. 95-994, eff. 10-3-08.)