Bill Text: IL SB3413 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Biometric Information Privacy Act. Provides that nothing in the Act shall be construed to apply to any health care employer that (1) hires an employee under the Health Care Worker Background Check Act and the employee has submitted to a fingerprint-based criminal history records check, (2) uses and stores biometric information or biometric identifiers exclusively for employment, human resources, compliance, payroll, identification, authentication, safety, security, or fraud prevention purposes, (3) does not sell, lease, or trade the biometric information or biometric identifiers collected, and (4) maintains and follows a documented process to delete any biometric information or biometric identifier.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-10 - Rule 3-9(a) / Re-referred to Assignments [SB3413 Detail]

Download: Illinois-2021-SB3413-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3413 Introduced 1/14/2022, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
740 ILCS 14/25
Amends the Biometric Information Privacy Act. Provides that nothing in the Act shall be construed to apply to any health care employer that (1) hires an employee under the Health Care Worker Background Check Act and the employee has submitted to a fingerprint-based criminal history records check, (2) uses and stores biometric information or biometric identifiers exclusively for employment, human resources, compliance, payroll, identification, authentication, safety, security, or fraud prevention purposes, (3) does not sell, lease, or trade the biometric information or biometric identifiers collected, and (4) maintains and follows a documented process to delete any biometric information or biometric identifier.
LRB102 22741 LNS 31887 b
A BILL FOR
SB3413 LRB102 22741 LNS 31887 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 Section 25 as follows:
(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

SB3413 - 2 - LRB102 22741 LNS 31887 b
promulgated thereunder.
(e) Nothing in this Act shall be construed to apply to a
contractor, subcontractor, or agent of a State agency or local
unit of government when working for that State agency or local
unit of government.
(f) Nothing in this Act shall be construed to apply to any
health care employer, as defined in the Health Care Worker
Background Check Act, that:
(1) hires an employee under the Health Care Worker
Background Check Act and the employee has submitted to a
fingerprint-based criminal history records check;
(2) uses and stores biometric information or biometric
identifiers exclusively for employment, human resources,
compliance, payroll, identification, authentication,
safety, security, or fraud prevention purposes;
(3) does not sell, lease, or trade the biometric
information or biometric identifiers collected, and
(4) maintains and follows a documented process to
delete any biometric information or biometric identifier
used for the purposes identified in this subsection.
(Source: P.A. 95-994, eff. 10-3-08.)