Sen. Bill Cunningham

Filed: 5/19/2023

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3811

2    AMENDMENT NO. ______. Amend House Bill 3811, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Biometric Information Privacy Act is
6amended by changing Sections 10 and 20 as follows:
 
7    (740 ILCS 14/10)
8    Sec. 10. Definitions. In this Act:
9    "Biometric identifier" means a retina or iris scan,
10fingerprint, voiceprint, or scan of hand or face geometry.
11Biometric identifiers do not include writing samples, written
12signatures, photographs, human biological samples used for
13valid scientific testing or screening, demographic data,
14tattoo descriptions, or physical descriptions such as height,
15weight, hair color, or eye color. Biometric identifiers do not
16include donated organs, tissues, or parts as defined in the

 

 

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1Illinois Anatomical Gift Act or blood or serum stored on
2behalf of recipients or potential recipients of living or
3cadaveric transplants and obtained or stored by a federally
4designated organ procurement agency. Biometric identifiers do
5not include biological materials regulated under the Genetic
6Information Privacy Act. Biometric identifiers do not include
7information captured from a patient in a health care setting
8or information collected, used, or stored for health care
9treatment, payment, or operations under the federal Health
10Insurance Portability and Accountability Act of 1996.
11Biometric identifiers do not include an X-ray, roentgen
12process, computed tomography, MRI, PET scan, mammography, or
13other image or film of the human anatomy used to diagnose,
14prognose, or treat an illness or other medical condition or to
15further validate scientific testing or screening.
16    "Biometric information" means any information, regardless
17of how it is captured, converted, stored, or shared, based on
18an individual's biometric identifier used to identify an
19individual. Biometric information does not include information
20derived from items or procedures excluded under the definition
21of biometric identifiers.
22    "Confidential and sensitive information" means personal
23information that can be used to uniquely identify an
24individual or an individual's account or property. Examples of
25confidential and sensitive information include, but are not
26limited to, a genetic marker, genetic testing information, a

 

 

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1unique identifier number to locate an account or property, an
2account number, a PIN number, a pass code, a driver's license
3number, or a social security number.
4    "Electronic signature" means an electronic sound, symbol,
5or process attached to or logically associated with a record
6and executed or adopted by a person with the intent to sign the
7record. An electronic signature is not obtained:
8        (1) by a person's acceptance of general or broad terms
9    of a user agreement or similar document;
10        (2) by a person's hovering over, muting, pausing, or
11    closing a given piece of digital content; or
12        (3) through coercion or deception.
13    "In writing" may include electronic communications
14provided directly to the person.
15    "Private entity" means any individual, partnership,
16corporation, limited liability company, association, or other
17group, however organized. A private entity does not include a
18State or local government agency. A private entity does not
19include any court of Illinois, a clerk of the court, or a judge
20or justice thereof.
21    "Written release" means informed written consent,
22electronic signature, or, in the context of employment, a
23release executed by an employee as a condition of employment.
24(Source: P.A. 95-994, eff. 10-3-08.)
 
25    (740 ILCS 14/20)

 

 

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1    Sec. 20. Right of action.
2    (a) Any person aggrieved by a violation of this Act shall
3have a right of action in a State circuit court or as a
4supplemental claim in federal district court against an
5offending party. A prevailing party may recover for each
6violation:
7        (1) against a private entity that negligently violates
8    a provision of this Act, liquidated damages of $1,500
9    $1,000 or actual damages, whichever is greater;
10        (2) against a private entity that intentionally or
11    recklessly violates a provision of this Act, liquidated
12    damages of $5,000 or actual damages, whichever is greater;
13        (3) reasonable attorneys' fees and costs, including
14    expert witness fees and other litigation expenses; and
15        (4) other relief, including an injunction, as the
16    State or federal court may deem appropriate.
17    (b) For purposes of subsection (b) of Section 15, a
18private entity that, in more than one instance, collects,
19captures, purchases, receives through trade, or otherwise
20obtains the same biometric identifier or biometric information
21from the same person using the same method of collection in
22violation of subsection (b) of Section 15 has committed a
23single violation of subsection (b) of Section 15 for which the
24aggrieved person is entitled to, at most, one recovery under
25this Section.
26    (c) For purposes of subsection (d) of Section 15, a

 

 

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1private entity that, in more than one instance, discloses,
2rediscloses, or otherwise disseminates the same biometric
3identifier or biometric information from the same person to
4the same recipient using the same method of collection in
5violation of subsection (d) of Section 15 has committed a
6single violation of subsection (d) of Section 15 for which the
7aggrieved person is entitled to, at most, one recovery under
8this Section regardless of the number of times the private
9entity disclosed, redisclosed, or otherwise disseminated the
10same biometric identifier or biometric information of the same
11person to the same recipient.
12(Source: P.A. 95-994, eff. 10-3-08.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".