103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3319

 

Introduced 2/7/2024, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 14/10

    Amends the Biometric Information Privacy Act. Defines "private entity" to mean any individual, partnership, corporation, limited liability company, association, or other group, however organized that employs more than 5 individuals. Effective immediately.


LRB103 38146 JRC 68279 b

 

 

A BILL FOR

 

SB3319LRB103 38146 JRC 68279 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 10 as follows:
 
6    (740 ILCS 14/10)
7    Sec. 10. Definitions. In this Act:
8    "Biometric identifier" means a retina or iris scan,
9fingerprint, voiceprint, or scan of hand or face geometry.
10Biometric identifiers do not include writing samples, written
11signatures, photographs, human biological samples used for
12valid scientific testing or screening, demographic data,
13tattoo descriptions, or physical descriptions such as height,
14weight, hair color, or eye color. Biometric identifiers do not
15include donated organs, tissues, or parts as defined in the
16Illinois Anatomical Gift Act or blood or serum stored on
17behalf of recipients or potential recipients of living or
18cadaveric transplants and obtained or stored by a federally
19designated organ procurement agency. Biometric identifiers do
20not include biological materials regulated under the Genetic
21Information Privacy Act. Biometric identifiers do not include
22information captured from a patient in a health care setting
23or information collected, used, or stored for health care

 

 

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1treatment, payment, or operations under the federal Health
2Insurance Portability and Accountability Act of 1996.
3Biometric identifiers do not include an X-ray, roentgen
4process, computed tomography, MRI, PET scan, mammography, or
5other image or film of the human anatomy used to diagnose,
6prognose, or treat an illness or other medical condition or to
7further validate scientific testing or screening.
8    "Biometric information" means any information, regardless
9of how it is captured, converted, stored, or shared, based on
10an individual's biometric identifier used to identify an
11individual. Biometric information does not include information
12derived from items or procedures excluded under the definition
13of biometric identifiers.
14    "Confidential and sensitive information" means personal
15information that can be used to uniquely identify an
16individual or an individual's account or property. Examples of
17confidential and sensitive information include, but are not
18limited to, a genetic marker, genetic testing information, a
19unique identifier number to locate an account or property, an
20account number, a PIN number, a pass code, a driver's license
21number, or a social security number.
22    "Private entity" means any individual, partnership,
23corporation, limited liability company, association, or other
24group, however organized that employs more than 5 individuals.
25A private entity does not include a State or local government
26agency. A private entity does not include any court of

 

 

SB3319- 3 -LRB103 38146 JRC 68279 b

1Illinois, a clerk of the court, or a judge or justice thereof.
2    "Written release" means informed written consent or, in
3the context of employment, a release executed by an employee
4as a condition of employment.
5(Source: P.A. 95-994, eff. 10-3-08.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.