Illinois General Assembly - Full Text of HB0560
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Full Text of HB0560  102nd General Assembly

HB0560 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0560

 

Introduced 2/8/2021, by Rep. Jim Durkin - Dan Caulkins - Thomas M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 14/5
740 ILCS 14/10
740 ILCS 14/15
740 ILCS 14/20
740 ILCS 14/25
815 ILCS 505/2Z  from Ch. 121 1/2, par. 262Z

    Amends the Biometric Information Privacy Act. Changes the term of "written release" to "written consent". Provides that the written policy that is developed by a private entity in possession of biometric identifiers shall be made available to the person from whom biometric information is to be collected or was collected (rather than to the public). Deletes a provision regarding a right of action. Provides instead that any violation that results from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes is subject to the enforcement authority of the Department of Labor. Provides that an employee or former employee may file a complaint with the Department a violation by submitting a signed, completed complaint form. Provides that all complaints shall be filed with the Department within one year from the date of the violation. Provides that any other violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act, with enforcement by the Attorney General or the appropriate State's Attorney. Provides that the Act does not apply to a private entity if the private entity's employees are covered by a collective bargaining agreement that provides for different policies regarding the retention, collection, disclosure, and destruction of biometric information. Makes other changes. Makes a conforming change in the Consumer Fraud and Deceptive Business Practices Act.


LRB102 11769 LNS 17104 b

 

 

A BILL FOR

 

HB0560LRB102 11769 LNS 17104 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 Sections 5, 10, 15, 20, and 25 as follows:
 
6    (740 ILCS 14/5)
7    Sec. 5. Legislative findings; intent. The General Assembly
8finds all of the following:
9    (a) The use of biometrics is growing in the business and
10security screening sectors and appears to promise streamlined
11financial transactions and security screenings.
12    (b) Major national corporations have selected the City of
13Chicago and other locations in this State as pilot testing
14sites for new applications of biometric-facilitated financial
15transactions, including finger-scan technologies at grocery
16stores, gas stations, and school cafeterias.
17    (c) Biometrics are unlike other unique identifiers that
18are used to access finances or other sensitive information.
19For example, social security numbers, when compromised, can be
20changed. Biometrics, however, are biologically unique to the
21individual; therefore, once compromised, the individual has no
22recourse, is at heightened risk for identity theft, and is
23likely to withdraw from biometric-facilitated transactions.

 

 

HB0560- 2 -LRB102 11769 LNS 17104 b

1    (d) An overwhelming majority of members of the public are
2wary weary of the use of biometrics when such information is
3tied to finances and other personal information.
4    (e) Despite limited State law regulating the collection,
5use, safeguarding, and storage of biometrics, many members of
6the public are deterred from partaking in biometric
7identifier-facilitated transactions.
8    (f) The full ramifications of biometric technology are not
9fully known.
10    (g) The public welfare, security, and safety will be
11served by regulating the collection, use, safeguarding,
12handling, storage, retention, and destruction of biometric
13identifiers and information.
14(Source: P.A. 95-994, eff. 10-3-08.)
 
15    (740 ILCS 14/10)
16    Sec. 10. Definitions. In this Act:
17    "Biometric identifier" means a retina or iris scan,
18fingerprint, voiceprint, or scan of hand or face geometry.
19Biometric identifiers do not include writing samples, written
20signatures, photographs, human biological samples used for
21valid scientific testing or screening, demographic data,
22tattoo descriptions, or physical descriptions such as height,
23weight, hair color, or eye color. Biometric identifiers do not
24include donated organs, tissues, or parts as defined in the
25Illinois Anatomical Gift Act or blood or serum stored on

 

 

HB0560- 3 -LRB102 11769 LNS 17104 b

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

 

 

HB0560- 4 -LRB102 11769 LNS 17104 b

1limited to, a genetic marker, genetic testing information, a
2unique identifier number to locate an account or property, an
3account number, a PIN number, a pass code, a driver's license
4number, or a social security number.
5    "Private entity" means any individual, partnership,
6corporation, limited liability company, association, or other
7group, however organized. A private entity does not include a
8State or local government agency. A private entity does not
9include any court of Illinois, a clerk of the court, or a judge
10or justice thereof.
11    "Written consent release" means informed written consent
12or, in the context of employment, a release executed by an
13employee as a condition of employment.
14(Source: P.A. 95-994, eff. 10-3-08.)
 
15    (740 ILCS 14/15)
16    Sec. 15. Retention; collection; disclosure; destruction.
17    (a) A private entity in possession of biometric
18identifiers or biometric information must develop a written
19policy, made available to the person from whom biometric
20information is to be collected or was collected public,
21establishing a retention schedule and guidelines for
22permanently destroying biometric identifiers and biometric
23information when the initial purpose for collecting or
24obtaining such identifiers or information has been satisfied
25or within 3 years of the individual's last interaction with

 

 

HB0560- 5 -LRB102 11769 LNS 17104 b

1the private entity, whichever occurs first. Absent a valid
2order, warrant, or subpoena issued by a court of competent
3jurisdiction or a local or federal governmental agency, a
4private entity in possession of biometric identifiers or
5biometric information must comply with its established
6retention schedule and destruction guidelines.
7    (b) No private entity may collect, capture, purchase,
8receive through trade, or otherwise obtain a person's or a
9customer's biometric identifier or biometric information,
10unless it first:
11        (1) informs the subject or the subject's legally
12    authorized representative in writing that a biometric
13    identifier or biometric information is being collected or
14    stored;
15        (2) informs the subject or the subject's legally
16    authorized representative in writing of the specific
17    purpose and length of term for which a biometric
18    identifier or biometric information is being collected,
19    stored, and used; and
20        (3) receives a written consent release executed by the
21    subject of the biometric identifier or biometric
22    information or the subject's legally authorized
23    representative.
24    Written consent may be obtained by electronic means.
25    (c) No private entity in possession of a biometric
26identifier or biometric information may sell, lease, trade, or

 

 

HB0560- 6 -LRB102 11769 LNS 17104 b

1otherwise profit from a person's or a customer's biometric
2identifier or biometric information.
3    (d) No private entity in possession of a biometric
4identifier or biometric information may disclose, redisclose,
5or otherwise disseminate a person's or a customer's biometric
6identifier or biometric information unless:
7        (1) the subject of the biometric identifier or
8    biometric information or the subject's legally authorized
9    representative provides written consent consents to the
10    disclosure or redisclosure;
11        (2) the disclosure or redisclosure completes a
12    financial transaction requested or authorized by the
13    subject of the biometric identifier or the biometric
14    information or the subject's legally authorized
15    representative;
16        (3) the disclosure or redisclosure is required by
17    State or federal law or municipal ordinance; or
18        (4) the disclosure is required pursuant to a valid
19    warrant or subpoena issued by a court of competent
20    jurisdiction.
21    (e) A private entity in possession of a biometric
22identifier or biometric information shall:
23        (1) store, transmit, and protect from disclosure all
24    biometric identifiers and biometric information using the
25    reasonable standard of care within the private entity's
26    industry; and

 

 

HB0560- 7 -LRB102 11769 LNS 17104 b

1        (2) store, transmit, and protect from disclosure all
2    biometric identifiers and biometric information in a
3    manner that is the same as or more protective than the
4    manner in which the private entity stores, transmits, and
5    protects other confidential and sensitive information.
6(Source: P.A. 95-994, eff. 10-3-08.)
 
7    (740 ILCS 14/20)
8    Sec. 20. Violation. Right of action.
9    (a) Any violation that results from the collection of
10biometric information by an employer for employment, human
11resources, fraud prevention, or security purposes is subject
12to the enforcement authority of the Department of Labor. The
13Director of Labor shall adopt rules necessary to administer
14and enforce this authority. An employee or former employee may
15file a complaint with the Department of Labor alleging a
16violation of this Act by submitting a signed, completed
17complaint form. All complaints shall be filed with the
18Department of Labor within one year from the date of the
19violation.
20    (b) Any violation of this Act not encompassed by
21subsection (a) constitutes a violation of the Consumer Fraud
22and Deceptive Business Practices Act. The Office of the
23Attorney General or the appropriate State's Attorney's Office
24has enforcement authority under this Act and may enforce a
25violation of this Act as an unlawful practice under the

 

 

HB0560- 8 -LRB102 11769 LNS 17104 b

1Consumer Fraud and Deceptive Business Practices Act. Any
2enforcement action shall occur within one year from the date
3of the violation. Any person aggrieved by a violation of this
4Act shall have a right of action in a State circuit court or as
5a supplemental claim in federal district court against an
6offending party. A prevailing party may recover for each
7violation:
8        (1) against a private entity that negligently violates
9    a provision of this Act, liquidated damages of $1,000 or
10    actual damages, whichever is greater;
11        (2) against a private entity that intentionally or
12    recklessly violates a provision of this Act, liquidated
13    damages of $5,000 or actual damages, whichever is greater;
14        (3) reasonable attorneys' fees and costs, including
15    expert witness fees and other litigation expenses; and
16        (4) other relief, including an injunction, as the
17    State or federal court may deem appropriate.
18(Source: P.A. 95-994, eff. 10-3-08.)
 
19    (740 ILCS 14/25)
20    Sec. 25. Construction.
21    (a) Nothing in this Act shall be construed to impact the
22admission or discovery of biometric identifiers and biometric
23information in any action of any kind in any court, or before
24any tribunal, board, agency, or person.
25    (b) Nothing in this Act shall be construed to conflict

 

 

HB0560- 9 -LRB102 11769 LNS 17104 b

1with the X-Ray Retention Act, the federal Health Insurance
2Portability and Accountability Act of 1996 and the rules
3promulgated under either Act.
4    (c) Nothing in this Act shall be deemed to apply in any
5manner to a financial institution or an affiliate of a
6financial institution that is subject to Title V of the
7federal Gramm-Leach-Bliley Act of 1999 and the rules
8promulgated thereunder.
9    (d) Nothing in this Act shall be construed to conflict
10with the Private Detective, Private Alarm, Private Security,
11Fingerprint Vendor, and Locksmith Act of 2004 and the rules
12promulgated thereunder.
13    (e) Nothing in this Act shall be construed to apply to a
14contractor, subcontractor, or agent of a State or federal
15agency or local unit of government when working for that State
16or federal agency or local unit of government.
17    (f) Nothing in this Act shall be construed to apply to a
18private entity if the private entity's employees are covered
19by a collective bargaining agreement that provides for
20different policies regarding the retention, collection,
21disclosure, and destruction of biometric information.
22(Source: P.A. 95-994, eff. 10-3-08.)
 
23    Section 10. The Consumer Fraud and Deceptive Business
24Practices Act is amended by changing Section 2Z as follows:
 

 

 

HB0560- 10 -LRB102 11769 LNS 17104 b

1    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
2    Sec. 2Z. Violations of other Acts. Any person who
3knowingly violates the Automotive Repair Act, the Automotive
4Collision Repair Act, the Home Repair and Remodeling Act, the
5Dance Studio Act, the Physical Fitness Services Act, the
6Hearing Instrument Consumer Protection Act, the Illinois Union
7Label Act, the Installment Sales Contract Act, the Job
8Referral and Job Listing Services Consumer Protection Act, the
9Travel Promotion Consumer Protection Act, the Credit Services
10Organizations Act, the Automatic Telephone Dialers Act, the
11Pay-Per-Call Services Consumer Protection Act, the Telephone
12Solicitations Act, the Illinois Funeral or Burial Funds Act,
13the Cemetery Oversight Act, the Cemetery Care Act, the Safe
14and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales
15Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
16the Mortgage Rescue Fraud Act, subsection (a) or (b) of
17Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of
18Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail
19Act, the Internet Caller Identification Act, paragraph (6) of
20subsection (k) of Section 6-305 of the Illinois Vehicle Code,
21Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150,
22or 18d-153 of the Illinois Vehicle Code, Article 3 of the
23Residential Real Property Disclosure Act, the Automatic
24Contract Renewal Act, the Reverse Mortgage Act, Section 25 of
25the Youth Mental Health Protection Act, the Personal
26Information Protection Act, or the Student Online Personal

 

 

HB0560- 11 -LRB102 11769 LNS 17104 b

1Protection Act, or the provisions of the Biometric Privacy Act
2identified by subsection (b) of Section 20 of that Act commits
3an unlawful practice within the meaning of this Act.
4(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16;
599-642, eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff.
61-1-18; 100-863, eff. 8-14-18.)