Illinois General Assembly - Full Text of SB0300
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Full Text of SB0300  102nd General Assembly

SB0300 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0300

 

Introduced 2/19/2021, by Sen. Jason A. Barickman

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 14/10
740 ILCS 14/15
740 ILCS 14/20
740 ILCS 14/21 new
740 ILCS 14/22 new
740 ILCS 14/25

    Amends the Biometric Information Privacy Act. Changes the definitions of "biometric information" and "written consent". Provides that a right of action shall be commenced within one year after the cause of action accrued, if, prior to initiating any action against a private entity, the aggrieved person provides a private entity 30 days' written notice identifying the specific provisions of the Act the aggrieved person alleges have been or are being violated. Provides that if within the 30 days the private entity cures the noticed violation as to the person providing notice and provides the person providing notice an express written statement that the violations have been cured and that no further violations shall occur, no action for damages of any kind may be initiated by the person providing notice against the private entity. Provides that if a private entity continues to violate the Act in breach of the express written statement, the aggrieved person may initiate an action against the private entity to enforce the written statement and may pursue statutory damages for each breach of the express written statement, as well as any other violation of the Act that postdates the written statement. Provides that a prevailing party may recover: against a private entity that negligently violates the Act, actual damages (rather than liquidated damages of $1,000 or actual damages); or against a private entity that willfully (rather than intentionally or recklessly) violates the Act, actual damages plus liquidated damages up to the amount of actual damages (rather than liquidated damages of $5,000 or actual damages). Add language governing: when certain claims accrue; limitations regarding the collection and use of biometric information to detect or contain the spread of COVID-19; and construction of the Act. Makes other changes.


LRB102 13254 LNS 18598 b

 

 

A BILL FOR

 

SB0300LRB102 13254 LNS 18598 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 10, 15, 20, and 25 and by adding
6Sections 21 and 22 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
17Illinois Anatomical Gift Act or blood or serum stored on
18behalf of recipients or potential recipients of living or
19cadaveric transplants and obtained or stored by a federally
20designated organ procurement agency. Biometric identifiers do
21not include biological materials regulated under the Genetic
22Information Privacy Act. Biometric identifiers do not include
23information captured from a patient in a health care setting

 

 

SB0300- 2 -LRB102 13254 LNS 18598 b

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

 

 

SB0300- 3 -LRB102 13254 LNS 18598 b

1group, however organized. A private entity does not include a
2State or local governmental government agency. A private
3entity does not include any court of Illinois, a clerk of the
4court, or a judge or justice thereof.
5    "Written release" means informed written consent or, in
6the context of employment, a release executed by an employee
7as a condition of employment. Written consent includes consent
8obtained by electronic means.
9(Source: P.A. 95-994, eff. 10-3-08.)
 
10    (740 ILCS 14/15)
11    Sec. 15. Retention; collection; disclosure; destruction.
12    (a) A private entity in possession of biometric
13identifiers or biometric information must develop a written
14policy, made available to the person from whom biometric
15identifiers or biometric information is to be or was collected
16public, establishing a retention schedule and guidelines for
17permanently destroying biometric identifiers and biometric
18information when the initial purpose for collecting or
19obtaining such identifiers or information has been satisfied
20or within 3 years of the individual's last interaction with
21the private entity, whichever occurs first. Absent a valid
22order, warrant, or subpoena issued by a court of competent
23jurisdiction or a local, State, or federal governmental
24agency, or as otherwise required by law, a private entity in
25possession of biometric identifiers or biometric information

 

 

SB0300- 4 -LRB102 13254 LNS 18598 b

1must comply with its established retention schedule and
2destruction guidelines.
3    (b) No private entity may collect, capture, purchase, or
4receive through trade, or otherwise obtain a person's or a
5customer's biometric identifier or biometric information,
6unless it first:
7        (1) informs the subject or the subject's legally
8    authorized representative in writing that a biometric
9    identifier or biometric information is being collected or
10    stored;
11        (2) informs the subject or the subject's legally
12    authorized representative in writing of the specific
13    purpose and length of term for which a biometric
14    identifier or biometric information is being collected,
15    stored, and used; and
16        (3) receives a written consent release executed by the
17    subject of the biometric identifier or biometric
18    information or the subject's legally authorized
19    representative.
20    (c) No private entity in possession of a biometric
21identifier or biometric information may sell, lease, trade, or
22otherwise profit from a person's or a customer's biometric
23identifier or biometric information.
24    (d) No private entity in possession of a biometric
25identifier or biometric information may disclose or ,
26redisclose, or otherwise disseminate a person's or a

 

 

SB0300- 5 -LRB102 13254 LNS 18598 b

1customer's biometric identifier or biometric information
2unless:
3        (1) the subject of the biometric identifier or
4    biometric information or the subject's legally authorized
5    representative provides written consent consents to the
6    disclosure or redisclosure;
7        (2) the disclosure or redisclosure completes a
8    financial transaction requested or authorized by the
9    subject of the biometric identifier or the biometric
10    information or the subject's legally authorized
11    representative;
12        (3) the disclosure or redisclosure is required by
13    local, State, or federal governmental agency, or as
14    otherwise required by law or municipal ordinance; or
15        (4) the disclosure is required pursuant to a valid
16    order, warrant, or subpoena issued by a court of competent
17    jurisdiction or a local, State, or federal governmental
18    agency, or as otherwise required by law.
19    (e) A private entity in possession of a biometric
20identifier or biometric information shall:
21        (1) store, transmit, and protect from disclosure all
22    biometric identifiers and biometric information using the
23    reasonable standard of care within the private entity's
24    industry; and
25        (2) store, transmit, and protect from disclosure all
26    biometric identifiers and biometric information in a

 

 

SB0300- 6 -LRB102 13254 LNS 18598 b

1    manner that is the same as or more protective than the
2    manner in which the private entity stores, transmits, and
3    protects other confidential and sensitive information.
4(Source: P.A. 95-994, eff. 10-3-08.)
 
5    (740 ILCS 14/20)
6    Sec. 20. Right of action. Any person aggrieved by a
7violation of this Act shall have a right of action in a State
8circuit court or as a supplemental claim in federal district
9court against an offending party that shall be commenced
10within one year next after the cause of action accrued, if,
11prior to initiating any action against a private entity, the
12aggrieved person provides a private entity 30 days' written
13notice identifying the specific provisions of this Act the
14aggrieved person alleges have been or are being violated. If
15within the 30 days the private entity cures the noticed
16violation as to the person providing notice and provides the
17person providing notice an express written statement that the
18violations have been cured and that no further violations
19shall occur, no action for damages of any kind may be initiated
20by the person providing notice against the private entity. If
21a private entity continues to violate this Act in breach of the
22express written statement provided under this Section, the
23aggrieved person may initiate an action against the private
24entity to enforce the written statement and may pursue
25statutory damages for each breach of the express written

 

 

SB0300- 7 -LRB102 13254 LNS 18598 b

1statement, as well as any other violation of the Act that
2postdates the written statement. A prevailing party in any
3such action may recover for each violation:
4        (1) against a private entity that negligently violates
5    a provision of this Act, liquidated damages of $1,000 or
6    actual damages, whichever is greater;
7        (2) against a private entity that willfully
8    intentionally or recklessly violates a provision of this
9    Act, actual damages plus liquidated damages up to the
10    amount of actual damages of $5,000 or actual damages,
11    whichever is greater;
12        (3) reasonable attorneys' fees and costs, including
13    expert witness fees and other litigation expenses; and
14        (4) other relief, including an injunction, as the
15    State or federal court may deem appropriate.
16    As used in this Section, "cure" means to provide the
17disclosures or obtain the consent required by this Act within
1830 days of the receipt of the written notice described in this
19Section or to, within that same period, otherwise demonstrate
20compliance with this Act.
21(Source: P.A. 95-994, eff. 10-3-08.)
 
22    (740 ILCS 14/21 new)
23    Sec. 21. Accrual. A claim accrues under subsection (b) of
24Section 15 upon a person's first use of the technology that the
25person claims collected the person's biometric identifier or

 

 

SB0300- 8 -LRB102 13254 LNS 18598 b

1biometric information. A claim accrues under subsection (d) of
2Section 15 upon the first disclosure or redisclosure of the
3person's biometric identifier or biometric information.
 
4    (740 ILCS 14/22 new)
5    Sec. 22. COVID-19 limitation. Notwithstanding any
6provision of this Act, a private entity shall not be subject to
7any enforcement proceeding or liability under any provision of
8this Act if the private entity collected, obtained, or
9retained the biometric identifier or biometric information as
10part of its efforts to detect or contain the spread of
11COVID-19.
 
12    (740 ILCS 14/25)
13    Sec. 25. Construction.
14    (a) Nothing in this Act shall be construed to impact the
15admission or discovery of biometric identifiers and biometric
16information in any action of any kind in any court, or before
17any tribunal, board, agency, or person.
18    (b) Nothing in this Act shall be construed to conflict
19with the X-Ray Retention Act, the federal Health Insurance
20Portability and Accountability Act of 1996 and the rules
21promulgated under either Act.
22    (c) Nothing in this Act shall be deemed to apply in any
23manner to a financial institution or an affiliate of a
24financial institution that is subject to Title V of the

 

 

SB0300- 9 -LRB102 13254 LNS 18598 b

1federal Gramm-Leach-Bliley Act of 1999 and the rules
2promulgated thereunder.
3    (d) Nothing in this Act shall be construed to conflict
4with the Private Detective, Private Alarm, Private Security,
5Fingerprint Vendor, and Locksmith Act of 2004 and the rules
6promulgated thereunder.
7    (e) Nothing in this Act shall be construed to apply to a
8contractor, subcontractor, or agent of a State or federal
9agency or local unit of government when working for that State
10or federal agency or local unit of government.
11(Source: P.A. 95-994, eff. 10-3-08.)