Full Text of HB1764 102nd General Assembly
HB1764ham001 102ND GENERAL ASSEMBLY | Rep. Keith R. Wheeler Filed: 3/19/2021
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| 1 | | AMENDMENT TO HOUSE BILL 1764
| 2 | | AMENDMENT NO. ______. Amend House Bill 1764 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Biometric Information Privacy Act is | 5 | | amended by changing Section 10 and by adding Sections 35 and 40 | 6 | | as follows: | 7 | | (740 ILCS 14/10)
| 8 | | Sec. 10. Definitions. In this Act: | 9 | | "Biometric identifier" means a retina or iris scan, | 10 | | fingerprint, voiceprint, or scan of hand or face geometry. | 11 | | Biometric identifiers do not include writing samples, written | 12 | | signatures, photographs, human biological samples used for | 13 | | valid scientific testing or screening, demographic data, | 14 | | tattoo descriptions, or physical descriptions such as height, | 15 | | weight, hair color, or eye color. Biometric identifiers do not | 16 | | include donated organs, tissues, or parts as defined in the |
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| 1 | | Illinois Anatomical Gift Act or blood or serum stored on | 2 | | behalf of recipients or potential recipients of living or | 3 | | cadaveric transplants and obtained or stored by a federally | 4 | | designated organ procurement agency. Biometric identifiers do | 5 | | not include biological materials regulated under the Genetic | 6 | | Information Privacy Act. Biometric identifiers do not include | 7 | | information captured from a patient in a health care setting | 8 | | or information collected, used, or stored for health care | 9 | | treatment, payment, or operations under the federal Health | 10 | | Insurance Portability and Accountability Act of 1996. | 11 | | Biometric identifiers do not include an X-ray, roentgen | 12 | | process, computed tomography, MRI, PET scan, mammography, or | 13 | | other image or film of the human anatomy used to diagnose, | 14 | | prognose, or treat an illness or other medical condition or to | 15 | | further validate scientific testing or screening. | 16 | | "Biometric information" means any information, regardless | 17 | | of how it is captured, converted, stored, or shared, based on | 18 | | an individual's biometric identifier used to identify an | 19 | | individual. Biometric information does not include information | 20 | | derived from items or procedures excluded under the definition | 21 | | of biometric identifiers. | 22 | | "Confidential and sensitive information" means personal | 23 | | information that can be used to uniquely identify an | 24 | | individual or an individual's account or property. Examples of | 25 | | confidential and sensitive information include, but are not | 26 | | limited to, a genetic marker, genetic testing information, a |
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| 1 | | unique identifier number to locate an account or property, an | 2 | | account number, a PIN number, a pass code, a driver's license | 3 | | number, or a social security number. | 4 | | "Private entity" means any individual, partnership, | 5 | | corporation, limited liability company, association, or other | 6 | | group, however organized.
A private entity does not include a | 7 | | State or local government agency. A private entity does not | 8 | | include any court of Illinois, a clerk of the court, or a judge | 9 | | or justice thereof. | 10 | | "Security purpose" means for the purpose of preventing | 11 | | shoplifting, fraud, or any other misappropriation or theft of | 12 | | a thing of value, including tangible and intangible goods and | 13 | | services, and other purposes in furtherance of protecting the | 14 | | security or integrity of software, accounts, applications, | 15 | | online services, property, or any person, including, but not | 16 | | limited to, protecting property from trespass, controlling | 17 | | access to property, and protecting any person from stalking, | 18 | | violence, or harassment. | 19 | | "Written release" means informed written or electronic | 20 | | consent or, in the context of employment, a written or | 21 | | electronic release executed by an employee as a condition of | 22 | | employment.
| 23 | | (Source: P.A. 95-994, eff. 10-3-08.) | 24 | | (740 ILCS 14/35 new) | 25 | | Sec. 35. Violation of Act. The Attorney General and |
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| 1 | | State's Attorneys have the sole authority to enforce this Act. | 2 | | An action may be brought to enforce this Act only if a | 3 | | violation of this Act causes actual harm. | 4 | | (740 ILCS 14/40 new) | 5 | | Sec. 40. Exemptions. | 6 | | (a) A private entity is exempt under this Act if the | 7 | | private entity collects, captures, obtains, or otherwise uses | 8 | | biometric identifiers and biometric information for: | 9 | | (1) keeping record of an employee's work hours; | 10 | | (2) a security purpose; | 11 | | (3) facility access, including, but not limited to, | 12 | | the restriction of access to certain locations; or | 13 | | (4) use by the human resource department or human | 14 | | resource employees of the private entity. | 15 | | (b) Notwithstanding subsection (a) of Section 15, a | 16 | | private entity is exempt under this Act if the private entity | 17 | | retains the biometric identifier or information no longer than | 18 | | is reasonably necessary to satisfy a security purpose. ".
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