Section 176.10  Definitions

For purposes of this Section, all words and terms shall have the same meanings as set forth in 5 ILCS 312/1-104:

"Act" means The Illinois Notary Public Act. [5 ILCS 312]

"Biometric data" or "biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.  Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color.  Biometric identifiers do not include donated organs, tissues, or parts as defined in the Illinois Anatomical Gift Act or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency. Biometric identifiers do not include biological materials regulated under the Genetic Information Privacy Act.  Biometric identifiers do not include information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment or operations under the federal Health Insurance Portability and Accountability Act of 1996.  Biometric identifiers do not include an X-ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening. [740 ILCS 14/10]

"Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual.  Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers. [740 ILCS 14/10]

"Notary public" or "notary" means an individual commissioned to perform notarial acts. [5 ILCS 312/1-104]

"Personal information" or "personally identifiable information" means either of the following:

An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or redacted or are encrypted or redacted but the keys to unencrypt or unredact or otherwise read the name or data elements have been acquired without authorization through the breach of security:

Social Security number;

Driver's license number or State identification card number;

Account number or credit or debit card number, or an account number or credit card number in combination with any required security code, access code, or password that would permit access to an individual's financial account;

Medical information;

Health insurance information;

Unique biometric data means data generated from measurements or technical analysis of human body characteristics used by the owner or licensee to authenticate an individual, such as a fingerprint, retina or iris image, or other unique physical representation or digital representation of biometric data. [815 ILCS 530/5]

User name or email address means information provided in combination with a password or security question and answer that would permit access to an online account when either the user name or email address or password or security question and answer are not encrypted or redacted or are encrypted or redacted but the keys to unencrypt or unredact or otherwise read the data elements have been obtained through the breach of security.

"Personal information" does not include publicly available information that is lawfully made available to the general public from federal, State, or local government records.  [815 ILCS 530/5]

"Physical location" means real property, non-movable structure, brick and mortar building affixed to a permanent location.

"Secretary" – means the Illinois Secretary of State.

"X.509" means the standard format of a public key certificate derived from the International Telecommunication Union, "Series X:  Data Networks, Open System Communications and Security Directory" (https://www.itu.int/rec/T-REC-X.509-201910-I) (2019) (no later editions or amendments included).

(Source:  Amended at 47 Ill. Reg. 8640, effective June 5, 2023)