101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3592

 

Introduced 2/14/2020, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 14/5
740 ILCS 14/10
740 ILCS 14/15
740 ILCS 14/20
740 ILCS 14/25
815 ILCS 505/2Z  from Ch. 121 1/2, par. 262Z

    Amends the Biometric Information Privacy Act. Changes the term of "written release" to "written consent". Provides that the written policy that is developed by a private entity in possession of biometric identifiers shall be made available to the person from whom biometric information is to be collected or was collected (rather than to the public). Deletes a provision regarding a right of action. Provides instead that any violation that results from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes is subject to the enforcement authority of the Department of Labor. Provides that an employee or former employee may file a complaint with the Department a violation by submitting a signed, completed complaint form. Provides that all complaints shall be filed with the Department within one year from the date of the violation. Provides that any other violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act, with enforcement by the Attorney General or the appropriate State's Attorney. Provides that the Act does not 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. Makes other changes. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.


LRB101 19664 LNS 69154 b

 

 

A BILL FOR

 

SB3592LRB101 19664 LNS 69154 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Biometric Information Privacy Act is amended
5by changing Sections 5, 10, 15, 20, and 25 as follows:
 
6    (740 ILCS 14/5)
7    Sec. 5. Legislative findings; intent. The General Assembly
8finds all of the following:
9    (a) The use of biometrics is growing in the business and
10security screening sectors and appears to promise streamlined
11financial transactions and security screenings.
12    (b) Major national corporations have selected the City of
13Chicago and other locations in this State as pilot testing
14sites for new applications of biometric-facilitated financial
15transactions, including finger-scan technologies at grocery
16stores, gas stations, and school cafeterias.
17    (c) Biometrics are unlike other unique identifiers that are
18used to access finances or other sensitive information. For
19example, social security numbers, when compromised, can be
20changed. Biometrics, however, are biologically unique to the
21individual; therefore, once compromised, the individual has no
22recourse, is at heightened risk for identity theft, and is
23likely to withdraw from biometric-facilitated transactions.

 

 

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1    (d) An overwhelming majority of members of the public are
2wary weary of the use of biometrics when such information is
3tied to finances and other personal information.
4    (e) Despite limited State law regulating the collection,
5use, safeguarding, and storage of biometrics, many members of
6the public are deterred from partaking in biometric
7identifier-facilitated transactions.
8    (f) The full ramifications of biometric technology are not
9fully known.
10    (g) The public welfare, security, and safety will be served
11by regulating the collection, use, safeguarding, handling,
12storage, retention, and destruction of biometric identifiers
13and information.
14(Source: P.A. 95-994, eff. 10-3-08.)
 
15    (740 ILCS 14/10)
16    Sec. 10. Definitions. In this Act:
17    "Biometric identifier" means a retina or iris scan,
18fingerprint, voiceprint, or scan of hand or face geometry.
19Biometric identifiers do not include writing samples, written
20signatures, photographs, human biological samples used for
21valid scientific testing or screening, demographic data,
22tattoo descriptions, or physical descriptions such as height,
23weight, hair color, or eye color. Biometric identifiers do not
24include donated organs, tissues, or parts as defined in the
25Illinois Anatomical Gift Act or blood or serum stored on behalf

 

 

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1of recipients or potential recipients of living or cadaveric
2transplants and obtained or stored by a federally designated
3organ procurement agency. Biometric identifiers do not include
4biological materials regulated under the Genetic Information
5Privacy Act. Biometric identifiers do not include information
6captured from a patient in a health care setting or information
7collected, used, or stored for health care treatment, payment,
8or operations under the federal Health Insurance Portability
9and Accountability Act of 1996. Biometric identifiers do not
10include an X-ray, roentgen process, computed tomography, MRI,
11PET scan, mammography, or other image or film of the human
12anatomy used to diagnose, prognose, or treat an illness or
13other medical condition or to further validate scientific
14testing or screening.
15    "Biometric information" means any information, regardless
16of how it is captured, converted, stored, or shared, based on
17an individual's biometric identifier used to identify an
18individual. Biometric information does not include information
19derived from items or procedures excluded under the definition
20of biometric identifiers, including information derived from
21biometric information that cannot be used to recreate the
22original biometric identifier.
23    "Confidential and sensitive information" means personal
24information that can be used to uniquely identify an individual
25or an individual's account or property. Examples of
26confidential and sensitive information include, but are not

 

 

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1limited to, a genetic marker, genetic testing information, a
2unique identifier number to locate an account or property, an
3account number, a PIN number, a pass code, a driver's license
4number, or a social security number.
5    "Private entity" means any individual, partnership,
6corporation, limited liability company, association, or other
7group, however organized. A private entity does not include a
8State or local government agency. A private entity does not
9include any court of Illinois, a clerk of the court, or a judge
10or justice thereof.
11    "Written consent release" means informed written consent
12or, in the context of employment, a release executed by an
13employee as a condition of employment.
14(Source: P.A. 95-994, eff. 10-3-08.)
 
15    (740 ILCS 14/15)
16    Sec. 15. Retention; collection; disclosure; destruction.
17    (a) A private entity in possession of biometric identifiers
18or biometric information must develop a written policy, made
19available to the person from whom biometric information is to
20be collected or was collected public, establishing a retention
21schedule and guidelines for permanently destroying biometric
22identifiers and biometric information when the initial purpose
23for collecting or obtaining such identifiers or information has
24been satisfied or within 3 years of the individual's last
25interaction with the private entity, whichever occurs first.

 

 

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1Absent a valid order, warrant, or subpoena issued by a court of
2competent jurisdiction or a local or federal governmental
3agency, a private entity in possession of biometric identifiers
4or biometric information must comply with its established
5retention schedule and destruction guidelines.
6    (b) No private entity may collect, capture, purchase,
7receive through trade, or otherwise obtain a person's or a
8customer's biometric identifier or biometric information,
9unless it first:
10        (1) informs the subject or the subject's legally
11    authorized representative in writing that a biometric
12    identifier or biometric information is being collected or
13    stored;
14        (2) informs the subject or the subject's legally
15    authorized representative in writing of the specific
16    purpose and length of term for which a biometric identifier
17    or biometric information is being collected, stored, and
18    used; and
19        (3) receives a written consent release executed by the
20    subject of the biometric identifier or biometric
21    information or the subject's legally authorized
22    representative.
23    Written consent may be obtained by electronic means.
24    (c) No private entity in possession of a biometric
25identifier or biometric information may sell, lease, trade, or
26otherwise profit from a person's or a customer's biometric

 

 

SB3592- 6 -LRB101 19664 LNS 69154 b

1identifier or biometric information.
2    (d) No private entity in possession of a biometric
3identifier or biometric information may disclose, redisclose,
4or otherwise disseminate a person's or a customer's biometric
5identifier or biometric information unless:
6        (1) the subject of the biometric identifier or
7    biometric information or the subject's legally authorized
8    representative provides written consent consents to the
9    disclosure or redisclosure;
10        (2) the disclosure or redisclosure completes a
11    financial transaction requested or authorized by the
12    subject of the biometric identifier or the biometric
13    information or the subject's legally authorized
14    representative;
15        (3) the disclosure or redisclosure is required by State
16    or federal law or municipal ordinance; or
17        (4) the disclosure is required pursuant to a valid
18    warrant or subpoena issued by a court of competent
19    jurisdiction.
20    (e) A private entity in possession of a biometric
21identifier or biometric information shall:
22        (1) store, transmit, and protect from disclosure all
23    biometric identifiers and biometric information using the
24    reasonable standard of care within the private entity's
25    industry; and
26        (2) store, transmit, and protect from disclosure all

 

 

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1    biometric identifiers and biometric information in a
2    manner that is the same as or more protective than the
3    manner in which the private entity stores, transmits, and
4    protects other confidential and sensitive information.
5(Source: P.A. 95-994, eff. 10-3-08.)
 
6    (740 ILCS 14/20)
7    Sec. 20. Violation. Right of action.
8    (a) Any violation that results from the collection of
9biometric information by an employer for employment, human
10resources, fraud prevention, or security purposes is subject to
11the enforcement authority of the Department of Labor. The
12Director of Labor shall adopt rules necessary to administer and
13enforce this authority. An employee or former employee may file
14a complaint with the Department of Labor alleging a violation
15of this Act by submitting a signed, completed complaint form.
16All complaints shall be filed with the Department of Labor
17within one year from the date of the violation.
18    (b) Any violation of this Act not encompassed by subsection
19(a) constitutes a violation of the Consumer Fraud and Deceptive
20Business Practices Act. The Office of the Attorney General or
21the appropriate State's Attorney's Office has enforcement
22authority under this Act and may enforce a violation of this
23Act as an unlawful practice under the Consumer Fraud and
24Deceptive Business Practices Act. Any enforcement action shall
25occur within one year from the date of the violation. Any

 

 

SB3592- 8 -LRB101 19664 LNS 69154 b

1person aggrieved by a violation of this Act shall have a right
2of action in a State circuit court or as a supplemental claim
3in federal district court against an offending party. A
4prevailing party may recover for each violation:
5        (1) against a private entity that negligently violates
6    a provision of this Act, liquidated damages of $1,000 or
7    actual damages, whichever is greater;
8        (2) against a private entity that intentionally or
9    recklessly violates a provision of this Act, liquidated
10    damages of $5,000 or actual damages, whichever is greater;
11        (3) reasonable attorneys' fees and costs, including
12    expert witness fees and other litigation expenses; and
13        (4) other relief, including an injunction, as the State
14    or federal court may deem appropriate.
15(Source: P.A. 95-994, eff. 10-3-08.)
 
16    (740 ILCS 14/25)
17    Sec. 25. Construction.
18    (a) Nothing in this Act shall be construed to impact the
19admission or discovery of biometric identifiers and biometric
20information in any action of any kind in any court, or before
21any tribunal, board, agency, or person.
22    (b) Nothing in this Act shall be construed to conflict with
23the X-Ray Retention Act, the federal Health Insurance
24Portability and Accountability Act of 1996 and the rules
25promulgated under either Act.

 

 

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1    (c) Nothing in this Act shall be deemed to apply in any
2manner to a financial institution or an affiliate of a
3financial institution that is subject to Title V of the federal
4Gramm-Leach-Bliley Act of 1999 and the rules promulgated
5thereunder.
6    (d) Nothing in this Act shall be construed to conflict with
7the Private Detective, Private Alarm, Private Security,
8Fingerprint Vendor, and Locksmith Act of 2004 and the rules
9promulgated thereunder.
10    (e) Nothing in this Act shall be construed to apply to a
11contractor, subcontractor, or agent of a State or federal
12agency or local unit of government when working for that State
13or federal agency or local unit of government.
14    (f) Nothing in this Act shall be construed to apply to a
15private entity if the private entity's employees are covered by
16a collective bargaining agreement that provides for different
17policies regarding the retention, collection, disclosure, and
18destruction of biometric information.
19(Source: P.A. 95-994, eff. 10-3-08.)
 
20    Section 10. The Consumer Fraud and Deceptive Business
21Practices Act is amended by changing Section 2Z as follows:
 
22    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
23    Sec. 2Z. Violations of other Acts. Any person who knowingly
24violates the Automotive Repair Act, the Automotive Collision

 

 

SB3592- 10 -LRB101 19664 LNS 69154 b

1Repair Act, the Home Repair and Remodeling Act, the Dance
2Studio Act, the Physical Fitness Services Act, the Hearing
3Instrument Consumer Protection Act, the Illinois Union Label
4Act, the Installment Sales Contract Act, the Job Referral and
5Job Listing Services Consumer Protection Act, the Travel
6Promotion Consumer Protection Act, the Credit Services
7Organizations Act, the Automatic Telephone Dialers Act, the
8Pay-Per-Call Services Consumer Protection Act, the Telephone
9Solicitations Act, the Illinois Funeral or Burial Funds Act,
10the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
11Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the
12High Risk Home Loan Act, the Payday Loan Reform Act, the
13Mortgage Rescue Fraud Act, subsection (a) or (b) of Section
143-10 of the Cigarette Tax Act, subsection (a) or (b) of Section
153-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the
16Internet Caller Identification Act, paragraph (6) of
17subsection (k) of Section 6-305 of the Illinois Vehicle Code,
18Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
19or 18d-153 of the Illinois Vehicle Code, Article 3 of the
20Residential Real Property Disclosure Act, the Automatic
21Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
22the Youth Mental Health Protection Act, the Personal
23Information Protection Act, or the Student Online Personal
24Protection Act, or the provisions of the Biometric Privacy Act
25identified by subsection (b) of Section 20 of that Act commits
26an unlawful practice within the meaning of this Act.

 

 

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1(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
2eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
3100-863, eff. 8-14-18.)