HB5521 104TH GENERAL ASSEMBLY

LRB104 20226 JRC 33677 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5521

Introduced 2/13/2026, by Rep. Kelly M. Cassidy

SYNOPSIS AS INTRODUCED:

New Act
15 ILCS 335/11	from Ch. 124, par. 31
625 ILCS 5/6-110.1

Creates the Illinois Biometric Surveillance Act. Provides that law enforcement agencies may not obtain, retain, possess, access, request, use, or enter into an agreement with a third party, State or local government agency, or federal agency to obtain, retain, possess, access request, or use a biometric identification system. Provides a private right of action and for enforcement by the Attorney General. Amends the Illinois Identification Card Act and the Illinois Vehicle Code to provide that the Secretary of State may not provide facial recognition search services except for verification of an individual's identity when issuing a mobile driver's license or identification card.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Illinois Biometric Surveillance Act.

Section 5. Definitions. As used in this Act:

"Biometric identification system" means any combination of hardware, software, firmware, application, or tools used to obtain, collect, process, store, transmit, display, share, access, compare, verify, or otherwise handle biometric information or biometric identifiers.

"Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.

"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.

"Law enforcement agency" means a State or local agency, unit of local government, or private entity charged with the enforcement of State, county, or municipal laws.

"State or local government agency" includes the Office of the Governor and any executive office of Illinois as defined by Article V of the Illinois Constitution, units of local government as defined by Article VII of the Illinois Constitution, and any agency, bureau, department, office, school district, or division or subdivision of the State, including law enforcement agencies.

"Third party" shall mean a person who:

(1) is not a governmental entity; and

(2) is not the person to whom the personal data pertains.

Section 10. Use of Biometric Identification Systems.

(a) A law enforcement agency may not obtain, retain, possess, access, request, use or enter into an agreement with a third party, State or local government agency, or federal agency to obtain, retain, possess, access, request, or use a biometric identification system or information derived from a biometric identification system.

(b) Subsection (a) does not apply to:

(1) use of a biometric identification system for employment background checks, fingerprinting pursuant to an arrest or conviction, or to collect forensic evidence at a crime scene; or

(2) a law enforcement officer's use of a personal or work device to verify the officer's identity for purposes of user authentication.

Section 15. Enforcement.

(a) Cause of action.

(1) Any violation of this Act constitutes an injury, and a person may institute proceedings for injunctive relief, declaratory relief, or writ of mandamus in any court of competent jurisdiction to enforce this Act.

(2) A person who has been subjected to biometric identification in violation of this Act or about whom biometric information or identifiers have been obtained, retained, accessed, or used in violation of this Act may institute proceedings in a court of competent jurisdiction.

(b) Damages.

(1) A prevailing party may recover for each violation:

(A) against a law enforcement agency that negligently violates a provision of this Act, $1,000 or actual damages, whichever is greater;

(B) against a law enforcement agency that intentionally or recklessly violates a provision of this Act, $5,000 or actual damages, whichever is greater and seek injunctive or declaratory relief or writ of mandamus; and

(C) reasonable attorney fees and costs, including expert witness fees and other litigation expenses.

(2) A prevailing party is entitled to have the party's biometric identifiers and information deleted and permanently destroyed.

(c) Enforcement by the Attorney General. If the Attorney General has reasonable cause to believe that any State or local government agency or law enforcement agency is engaged in a practice prohibited by this Act, the Attorney General may initiate or intervene in a civil action in any appropriate court to obtain appropriate relief.

Section 90. The Illinois Identification Card Act is amended by changing Section 11 as follows:

(15 ILCS 335/11) (from Ch. 124, par. 31)

Sec. 11. Records.

(a) The Secretary may make a search of his records and furnish information as to whether a person has a current Standard Illinois Identification Card or an Illinois Person with a Disability Identification Card then on file, upon receipt of a written application therefor accompanied with the prescribed fee. However, the Secretary may not disclose medical information concerning an individual to any person, public agency, private agency, corporation or governmental body unless the individual has submitted a written request for the information or unless the individual has given prior written consent for the release of the information to a specific person or entity. This exception shall not apply to: (1) offices and employees of the Secretary who have a need to know the medical information in performance of their official duties, or (2) orders of a court of competent jurisdiction. When medical information is disclosed by the Secretary in accordance with the provisions of this Section, no liability shall rest with the Office of the Secretary of State as the information is released for informational purposes only.

(b) Except as otherwise provided in this Section, the Secretary may release personally identifying information only to:

(1) officers and employees of the Secretary who have a need to know that information for issuance of driver's licenses, permits, or identification cards and investigation of fraud or misconduct;

(2) other governmental agencies for use in their official governmental functions;

(3) law enforcement agencies for a criminal or civil investigation, except as restricted by subsections (g) and (h);

(3-5) the State Board of Elections as may be required by an agreement the State Board of Elections has entered into with a multi-state voter registration list maintenance system; or

(4) any entity that the Secretary has authorized, by rule.

(c) Except as otherwise provided in this Section, the Secretary may release highly restricted personal information only to:

(1) officers and employees of the Secretary who have a need to access the information for the issuance of driver's licenses, permits, or identification cards and investigation of fraud or misconduct;

(2) law enforcement officials for a criminal or civil law enforcement investigation, except as restricted by subsections (g) and (h);

(3) the State Board of Elections for the purpose of providing the signature for completion of voter registration; or

(4) any other entity the Secretary has authorized by rule.

(c-5) The Secretary may use facial recognition to verify an individual's identity when issuing a mobile driver's license or identification card if the Secretary does not allow any federal, State or local government agency, or third party to access or otherwise use its facial recognition search services.

(d) Documents required to be submitted with an application for an identification card to prove the applicant's identity (name and date of birth), social security number or lack of a social security number, written signature, residency, and, as applicable, citizenship and immigration status and country of citizenship shall be confidential and shall not be disclosed except to the following persons:

(1) the individual to whom the identification card was issued, upon written request;

(2) officers and employees of the Secretary of State who have a need to have access to the stored images for purposes of issuing and controlling driver's licenses, permits, or identification cards and investigation of fraud or misconduct;

(3) law enforcement officials for a civil or criminal law enforcement investigation, except as restricted by subsections (g) and (h);

(4) other entities that the Secretary may authorize by rule.

(e) The Secretary may not disclose an individual's social security number or any associated information obtained from the Social Security Administration without the written request or consent of the individual except: (i) to officers and employees of the Secretary who have a need to know the social security number in the performance of their official duties; (ii) except as restricted by subsections (g) and (h) to law enforcement officials for a civil or criminal law enforcement investigation if an officer of the law enforcement agency has made a written request to the Secretary specifying the law enforcement investigation for which the social security number is being sought; (iii) under a lawful court order signed by a judge; (iv) to the Illinois Department of Veterans Affairs for the purpose of confirming veteran status to agencies in other states responsible for the issuance of state identification cards for participation in State-to-State verification service; or (v) the last 4 digits to the Illinois State Board of Elections for purposes of voter registration and as may be required pursuant to an agreement for a multi-state voter registration list maintenance system. The Secretary retains the right to require additional verification regarding the validity of a request from law enforcement. If social security information is disclosed by the Secretary in accordance with this Section, no liability shall rest with the Office of the Secretary of State or any of its officers or employees, as the information is released for official purposes only.

(f) The Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing an identification card to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. This subsection shall not apply to requests from federal, State, or local law enforcement agencies or other governmental entities for facial recognition search services or photographs obtained in the process of issuing a driver's license or permit when the purpose of the request relates to criminal activity other than violations of immigration laws.

(g) Notwithstanding any other provision of law, the Secretary may not release highly restricted personal information or personally identifying information or disclose documents described in subsection (d) to any immigration agent, as defined in Section 10 of the Illinois TRUST Act, unless necessary to comply with the following, to the extent that production of such information or documents is specifically required:

(1) a lawful court order;

(2) a judicial warrant signed by a judge appointed pursuant to Article III of the Constitution of the United States; or

(3) a subpoena for individual records issued by a federal or State court.

When responding to such a court order, warrant, or subpoena, the Secretary shall disclose only those documents or information specifically requested. Within 3 business days of receiving such a court order, warrant, or subpoena, the Secretary shall send a notification to the individual about whom such information was requested that a court order, warrant, or subpoena was received and the identity of the entity that presented the court order, warrant, or subpoena.

(h) The Secretary shall not enter into or maintain any agreement regarding the sharing of any highly restricted personal information or personally identifying information or documents described in subsection (d) unless all other parties to such agreement certify that the information obtained will not be used for civil immigration purposes or knowingly disseminated to any third party for any purpose related to civil immigration enforcement.

(Source: P.A. 103-210, eff. 7-1-24; 104-234, eff. 8-15-25.)

Section 95. The Illinois Vehicle Code is amended by changing Section 6-110.1 as follows:

(625 ILCS 5/6-110.1)

Sec. 6-110.1. Confidentiality of captured photographs or images.

(a) The Secretary of State shall maintain a file on or contract to file all photographs and signatures obtained in the process of issuing a driver's license, permit, or identification card. Except as otherwise provided in this Section, the photographs and signatures shall be confidential and shall not be disclosed except to the following persons:

(1) the individual to whom the driver's license or permit was issued, upon written request;

(2) officers and employees of the Secretary of State who have a need to have access to the stored images for purposes of issuing and controlling driver's licenses, permits, or identification cards and investigation of fraud or misconduct;

(3) law enforcement officials for a civil or criminal law enforcement investigation, except as restricted by Section 6-110.3;

(3-5) the State Board of Elections for the sole purpose of providing the signatures required by a local election authority to register a voter through an online voter registration system;

(3-10) officers and employees of the Secretary of State who have a need to have access to the stored images for purposes of issuing and controlling notary public commissions and for the purpose of providing the signatures required to process online applications for appointment and commission as notaries public; or

(4) other entities that the Secretary may authorize by rule.

(b) The Secretary of State shall not provide facial recognition search services or photographs obtained in the process of issuing a driver's license or permit to any federal, State, or local law enforcement agency or other governmental entity for the purpose of enforcing federal immigration laws. This subsection shall not apply to requests from federal, State, or local law enforcement agencies or other governmental entities for facial recognition search services or photographs obtained in the process of issuing a driver's license or permit when the purpose of the request relates to criminal activity other than violations of immigration laws.

(c) The Secretary may not provide facial recognition search services or photographs obtained in the process of issuing a driver's license or permit to any federal, State or local government agency, or third party.

(Source: P.A. 102-354, eff. 8-13-21; 103-210, eff. 7-1-24.)