102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3413
 
Introduced 1/14/2022, by Sen. Bill Cunningham
 
SYNOPSIS AS INTRODUCED:
 

 
740 ILCS 14/25

     Amends the Biometric Information Privacy Act. Provides that nothing in the Act shall be construed to apply to any health care employer that (1) hires an employee under the Health Care Worker Background Check Act and the employee has submitted to a fingerprint-based criminal history records check, (2) uses and stores biometric information or biometric identifiers exclusively for employment, human resources, compliance, payroll, identification, authentication, safety, security, or fraud prevention purposes, (3) does not sell, lease, or trade the biometric information or biometric identifiers collected, and (4) maintains and follows a documented process to delete any biometric information or biometric identifier.
  


LRB102 22741 LNS 31887 b

 
 
A BILL FOR
 

  
SB3413LRB102 22741 LNS 31887 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Biometric Information Privacy Act is 
5amended  by changing Section 25 as follows:
 
6    (740 ILCS 14/25)

7    Sec. 25. Construction. 
8    (a) Nothing in this Act shall be construed to impact the 
9admission or discovery of biometric identifiers and biometric 
10information in any action of any kind in any court, or before 
11any tribunal, board, agency, or person.
12    (b) Nothing in this Act shall be construed to conflict 
13with the X-Ray Retention Act, the federal Health Insurance 
14Portability and Accountability Act of 1996 and the rules 
15promulgated under either Act.
16    (c) Nothing in this Act shall be deemed to apply in any 
17manner to a financial institution or an affiliate of a 
18financial institution that is subject to Title V of the 
19federal Gramm-Leach-Bliley Act of 1999 and the rules 
20promulgated thereunder.
21    (d) Nothing in this Act shall be construed to conflict 
22with the Private Detective, Private Alarm, Private Security, 
23Fingerprint Vendor, and Locksmith Act of 2004 and the rules 
 
 
SB3413- 2 -LRB102 22741 LNS 31887 b

1promulgated thereunder.
2    (e) Nothing in this Act shall be construed to apply to a 
3contractor, subcontractor, or agent of a State agency or local 
4unit of government when working for that State agency or local 
5unit of government.
6    (f) Nothing in this Act shall be construed to apply to any 
7health care employer, as defined in the Health Care Worker 
8Background Check Act, that:
9        (1) hires an employee under the Health Care Worker 
10    Background Check Act and the employee has submitted to a 
11    fingerprint-based criminal history records check;
12        (2) uses and stores biometric information or biometric 
13    identifiers exclusively for employment, human resources, 
14    compliance, payroll, identification, authentication, 
15    safety, security, or fraud prevention purposes;
16        (3) does not sell, lease, or trade the biometric 
17    information or biometric identifiers collected, and
18        (4) maintains and follows a documented process to 
19    delete any biometric information or biometric identifier 
20    used for the purposes identified in this subsection. 

21(Source: P.A. 95-994, eff. 10-3-08.)