SB2979 Engrossed LRB103 36771 JRC 66881 b
1		AN ACT concerning civil law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Biometric Information Privacy Act is
5		amended by changing Sections 10 and 20 as follows:
6		(740 ILCS 14/10)
7		Sec. 10. Definitions. In this Act:
8		"Biometric identifier" means a retina or iris scan,
9		fingerprint, voiceprint, or scan of hand or face geometry.
10		Biometric identifiers do not include writing samples, written
11		signatures, photographs, human biological samples used for
12		valid scientific testing or screening, demographic data,
13		tattoo descriptions, or physical descriptions such as height,
14		weight, hair color, or eye color. Biometric identifiers do not
15		include donated organs, tissues, or parts as defined in the
16		Illinois Anatomical Gift Act or blood or serum stored on
17		behalf of recipients or potential recipients of living or
18		cadaveric transplants and obtained or stored by a federally
19		designated organ procurement agency. Biometric identifiers do
20		not include biological materials regulated under the Genetic
21		Information Privacy Act. Biometric identifiers do not include
22		information captured from a patient in a health care setting
23		or information collected, used, or stored for health care

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1		treatment, payment, or operations under the federal Health
2		Insurance Portability and Accountability Act of 1996.
3		Biometric identifiers do not include an X-ray, roentgen
4		process, computed tomography, MRI, PET scan, mammography, or
5		other image or film of the human anatomy used to diagnose,
6		prognose, or treat an illness or other medical condition or to
7		further validate scientific testing or screening.
8		"Biometric information" means any information, regardless
9		of how it is captured, converted, stored, or shared, based on
10		an individual's biometric identifier used to identify an
11		individual. Biometric information does not include information
12		derived from items or procedures excluded under the definition
13		of biometric identifiers.
14		"Confidential and sensitive information" means personal
15		information that can be used to uniquely identify an
16		individual or an individual's account or property. Examples of
17		confidential and sensitive information include, but are not
18		limited to, a genetic marker, genetic testing information, a
19		unique identifier number to locate an account or property, an
20		account number, a PIN number, a pass code, a driver's license
21		number, or a social security number.
22		"Electronic signature" means an electronic sound, symbol,
23		or process attached to or logically associated with a record
24		and executed or adopted by a person with the intent to sign the
25		record.
26		"Private entity" means any individual, partnership,

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1		corporation, limited liability company, association, or other
2		group, however organized. A private entity does not include a
3		State or local government agency. A private entity does not
4		include any court of Illinois, a clerk of the court, or a judge
5		or justice thereof.
6		"Written release" means informed written consent,
7		electronic signature, or, in the context of employment, a
8		release executed by an employee as a condition of employment.
9		(Source: P.A. 95-994, eff. 10-3-08.)
10		(740 ILCS 14/20)
11		Sec. 20. Right of action.
12		(a) Any person aggrieved by a violation of this Act shall
13		have a right of action in a State circuit court or as a
14		supplemental claim in federal district court against an
15		offending party. A prevailing party may recover for each
16		violation:
17		(1) against a private entity that negligently violates
18		a provision of this Act, liquidated damages of $1,000 or
19		actual damages, whichever is greater;
20		(2) against a private entity that intentionally or
21		recklessly violates a provision of this Act, liquidated
22		damages of $5,000 or actual damages, whichever is greater;
23		(3) reasonable attorneys' fees and costs, including
24		expert witness fees and other litigation expenses; and
25		(4) other relief, including an injunction, as the

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1		State or federal court may deem appropriate.
2		(b) For purposes of subsection (b) of Section 15, a
3		private entity that, in more than one instance, collects,
4		captures, purchases, receives through trade, or otherwise
5		obtains the same biometric identifier or biometric information
6		from the same person using the same method of collection in
7		violation of subsection (b) of Section 15 has committed a
8		single violation of subsection (b) of Section 15 for which the
9		aggrieved person is entitled to, at most, one recovery under
10		this Section.
11		(c) For purposes of subsection (d) of Section 15, a
12		private entity that, in more than one instance, discloses,
13		rediscloses, or otherwise disseminates the same biometric
14		identifier or biometric information from the same person to
15		the same recipient using the same method of collection in
16		violation of subsection (d) of Section 15 has committed a
17		single violation of subsection (d) of Section 15 for which the
18		aggrieved person is entitled to, at most, one recovery under
19		this Section regardless of the number of times the private
20		entity disclosed, redisclosed, or otherwise disseminated the
21		same biometric identifier or biometric information of the same
22		person to the same recipient.
23		(Source: P.A. 95-994, eff. 10-3-08.)