Full Text of SB3319 103rd General Assembly
SB3319 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3319 Introduced 2/7/2024, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: | | | Amends the Biometric Information Privacy Act. Defines "private entity" to mean any individual, partnership, corporation, limited liability company, association, or other group, however organized that employs more than 5 individuals. Effective immediately. |
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| | A BILL FOR |
| | | | SB3319 | | LRB103 38146 JRC 68279 b |
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| 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 Section 10 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 | | "Private entity" means any individual, partnership, | 23 | | corporation, limited liability company, association, or other | 24 | | group, however organized that employs more than 5 individuals . | 25 | | A private entity does not include a State or local government | 26 | | agency. A private entity does not include any court of |
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| 1 | | Illinois, a clerk of the court, or a judge or justice thereof. | 2 | | "Written release" means informed written consent or, in | 3 | | the context of employment, a release executed by an employee | 4 | | as a condition of employment. | 5 | | (Source: P.A. 95-994, eff. 10-3-08.) | 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law. |
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