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1 | | (c) Biometrics are unlike other unique identifiers that are |
2 | | used to access finances or other sensitive information. For |
3 | | example, social security numbers, when compromised, can be |
4 | | changed. Biometrics, however, are biologically unique to the |
5 | | individual; therefore, once compromised, the individual has no |
6 | | recourse, is at heightened risk for identity theft, and is |
7 | | likely to withdraw from biometric-facilitated transactions. |
8 | | (d) An overwhelming majority of members of the public are |
9 | | weary of the use of biometrics when such information is tied to |
10 | | finances and other personal information. |
11 | | (e) Despite limited State law regulating the collection, |
12 | | use, safeguarding, and storage of biometrics, many members of |
13 | | the public are deterred from partaking in biometric |
14 | | identifier-facilitated transactions. |
15 | | (f) The full ramifications of biometric technology are not |
16 | | fully known. |
17 | | (g) The public welfare, security, and safety will be served |
18 | | by regulating the collection, use, safeguarding, handling, |
19 | | storage, retention, and destruction of biometric identifiers |
20 | | and information. |
21 | | (h) The changes made to Section 10 by this amendatory Act |
22 | | of the 99th General Assembly are declarative of existing law.
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23 | | (Source: P.A. 95-994, eff. 10-3-08.) |
24 | | (740 ILCS 14/10)
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25 | | Sec. 10. Definitions. In this Act: |
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1 | | "Biometric identifier" means a retina or iris scan, |
2 | | fingerprint, voiceprint, or scan of hand or face geometry. |
3 | | Biometric identifiers do not include writing samples, written |
4 | | signatures, physical or digital photographs, human biological |
5 | | samples used for valid scientific testing or screening, |
6 | | demographic data, tattoo descriptions, or physical |
7 | | descriptions such as height, weight, hair color, or eye color. |
8 | | Biometric identifiers do not include donated organs, tissues, |
9 | | or parts as defined in the Illinois Anatomical Gift Act or |
10 | | blood or serum stored on behalf of recipients or potential |
11 | | recipients of living or cadaveric transplants and obtained or |
12 | | stored by a federally designated organ procurement agency. |
13 | | Biometric identifiers do not include biological materials |
14 | | regulated under the Genetic Information Privacy Act. Biometric |
15 | | identifiers do not include information captured from a patient |
16 | | in a health care setting or information collected, used, or |
17 | | stored for health care treatment, payment, or operations under |
18 | | the federal Health Insurance Portability and Accountability |
19 | | Act of 1996. Biometric identifiers do not include an X-ray, |
20 | | roentgen process, computed tomography, MRI, PET scan, |
21 | | mammography, or other image or film of the human anatomy used |
22 | | to diagnose, prognose, or treat an illness or other medical |
23 | | condition or to further validate scientific testing or |
24 | | screening. |
25 | | "Biometric information" means any information, regardless |
26 | | of how it is captured, converted, stored, or shared, based on |
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1 | | an individual's biometric identifier used to identify an |
2 | | individual. |
3 | | "Biometric information" and "biometric identifier" do |
4 | | Biometric information does not include information derived |
5 | | from items or procedures excluded under the definition of |
6 | | biometric identifiers. |
7 | | "Confidential and sensitive information" means personal |
8 | | information that can be used to uniquely identify an individual |
9 | | or an individual's account or property. Examples of |
10 | | confidential and sensitive information include, but are not |
11 | | limited to, a genetic marker, genetic testing information, a |
12 | | unique identifier number to locate an account or property, an |
13 | | account number, a PIN number, a pass code, a driver's license |
14 | | number, or a social security number. |
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 | | "Scan" means data resulting from an in-person process |
22 | | whereby a part of the body is traversed by a detector or an |
23 | | electronic beam. |
24 | | "Written release" means informed written consent or, in the |
25 | | context of employment, a release executed by an employee as a |
26 | | condition of employment.
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