SB3413 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3413

 

Introduced 1/14/2022, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 14/25

    Amends the Biometric Information Privacy Act. Provides that nothing in the Act shall be construed to apply to any health care employer that (1) hires an employee under the Health Care Worker Background Check Act and the employee has submitted to a fingerprint-based criminal history records check, (2) uses and stores biometric information or biometric identifiers exclusively for employment, human resources, compliance, payroll, identification, authentication, safety, security, or fraud prevention purposes, (3) does not sell, lease, or trade the biometric information or biometric identifiers collected, and (4) maintains and follows a documented process to delete any biometric information or biometric identifier.


LRB102 22741 LNS 31887 b

 

 

A BILL FOR

 

SB3413LRB102 22741 LNS 31887 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 25 as follows:
 
6    (740 ILCS 14/25)
7    Sec. 25. Construction.
8    (a) Nothing in this Act shall be construed to impact the
9admission or discovery of biometric identifiers and biometric
10information in any action of any kind in any court, or before
11any tribunal, board, agency, or person.
12    (b) Nothing in this Act shall be construed to conflict
13with the X-Ray Retention Act, the federal Health Insurance
14Portability and Accountability Act of 1996 and the rules
15promulgated under either Act.
16    (c) Nothing in this Act shall be deemed to apply in any
17manner to a financial institution or an affiliate of a
18financial institution that is subject to Title V of the
19federal Gramm-Leach-Bliley Act of 1999 and the rules
20promulgated thereunder.
21    (d) Nothing in this Act shall be construed to conflict
22with the Private Detective, Private Alarm, Private Security,
23Fingerprint Vendor, and Locksmith Act of 2004 and the rules

 

 

SB3413- 2 -LRB102 22741 LNS 31887 b

1promulgated thereunder.
2    (e) Nothing in this Act shall be construed to apply to a
3contractor, subcontractor, or agent of a State agency or local
4unit of government when working for that State agency or local
5unit of government.
6    (f) Nothing in this Act shall be construed to apply to any
7health care employer, as defined in the Health Care Worker
8Background Check Act, that:
9        (1) hires an employee under the Health Care Worker
10    Background Check Act and the employee has submitted to a
11    fingerprint-based criminal history records check;
12        (2) uses and stores biometric information or biometric
13    identifiers exclusively for employment, human resources,
14    compliance, payroll, identification, authentication,
15    safety, security, or fraud prevention purposes;
16        (3) does not sell, lease, or trade the biometric
17    information or biometric identifiers collected, and
18        (4) maintains and follows a documented process to
19    delete any biometric information or biometric identifier
20    used for the purposes identified in this subsection.
21(Source: P.A. 95-994, eff. 10-3-08.)