Full Text of HB3811 103rd General Assembly
HB3811sam002 103RD GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 5/19/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3811
| 2 | | AMENDMENT NO. ______. Amend House Bill 3811, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Biometric Information Privacy Act is | 6 | | amended by changing Sections 10 and 20 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 | | "Electronic signature" means an electronic sound, symbol, | 5 | | or process attached to or logically associated with a record | 6 | | and executed or adopted by a person with the intent to sign the | 7 | | record. An electronic signature is not obtained: | 8 | | (1) by a person's acceptance of general or broad terms | 9 | | of a user agreement or similar document; | 10 | | (2) by a person's hovering over, muting, pausing, or | 11 | | closing a given piece of digital content; or | 12 | | (3) through coercion or deception. | 13 | | "In writing" may include electronic communications | 14 | | provided directly to the person. | 15 | | "Private entity" means any individual, partnership, | 16 | | corporation, limited liability company, association, or other | 17 | | group, however organized.
A private entity does not include a | 18 | | State or local government agency. A private entity does not | 19 | | include any court of Illinois, a clerk of the court, or a judge | 20 | | or justice thereof. | 21 | | "Written release" means informed written consent , | 22 | | electronic signature, or, in the context of employment, a | 23 | | release executed by an employee as a condition of employment.
| 24 | | (Source: P.A. 95-994, eff. 10-3-08.) | 25 | | (740 ILCS 14/20)
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| 1 | | Sec. 20. Right of action. | 2 | | (a) Any person aggrieved by a violation of this Act shall | 3 | | have a right of action in a State circuit court or as a | 4 | | supplemental claim in federal district court against an | 5 | | offending party. A prevailing party may recover for each | 6 | | violation: | 7 | | (1) against a private entity that negligently violates | 8 | | a provision of this Act, liquidated damages of $1,500 | 9 | | $1,000 or actual damages, whichever is greater; | 10 | | (2) against a private entity that intentionally or | 11 | | recklessly violates a provision of this Act, liquidated | 12 | | damages of $5,000 or actual damages, whichever is greater; | 13 | | (3) reasonable attorneys' fees and costs, including | 14 | | expert witness fees and other litigation expenses; and | 15 | | (4) other relief, including an injunction, as the | 16 | | State or federal court may deem appropriate.
| 17 | | (b) For purposes of subsection (b) of Section 15, a | 18 | | private entity that, in more than one instance, collects, | 19 | | captures, purchases, receives through trade, or otherwise | 20 | | obtains the same biometric identifier or biometric information | 21 | | from the same person using the same method of collection in | 22 | | violation of subsection (b) of Section 15 has committed a | 23 | | single violation of subsection (b) of Section 15 for which the | 24 | | aggrieved person is entitled to, at most, one recovery under | 25 | | this Section. | 26 | | (c) For purposes of subsection (d) of Section 15, a |
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| 1 | | private entity that, in more than one instance, discloses, | 2 | | rediscloses, or otherwise disseminates the same biometric | 3 | | identifier or biometric information from the same person to | 4 | | the same recipient using the same method of collection in | 5 | | violation of subsection (d) of Section 15 has committed a | 6 | | single violation of subsection (d) of Section 15 for which the | 7 | | aggrieved person is entitled to, at most, one recovery under | 8 | | this Section regardless of the number of times the private | 9 | | entity disclosed, redisclosed, or otherwise disseminated the | 10 | | same biometric identifier or biometric information of the same | 11 | | person to the same recipient. | 12 | | (Source: P.A. 95-994, eff. 10-3-08.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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