100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3053
 
Introduced 2/15/2018, 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 deemed to apply to a private entity collecting, storing, or transmitting biometric information if: (i) the biometric information is used exclusively for employment, human resources, fraud prevention, or security purposes; (ii) the private entity does not sell, lease, trade, or similarly profit from the biometric identifier or biometric information collected; or (iii) the private entity stores, transmits, and protects the biometric identifiers and biometric information in a manner that is the same as or more protective than the manner in which the private entity stores, transmits, and protects other confidential and sensitive information.
  


LRB100 19520 HEP 34787 b

 
 
A BILL FOR
 

  
SB3053LRB100 19520 HEP 34787 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 amended  
5by 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 with 
13the 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 federal 
19Gramm-Leach-Bliley Act of 1999 and the rules promulgated 
20thereunder.
21    (d) Nothing in this Act shall be construed to conflict with 
22the Private Detective, Private Alarm, Private Security, 
23Fingerprint Vendor, and Locksmith Act of 2004 and the rules 
 
 
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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 deemed to apply to a 
7private entity collecting, storing, or transmitting biometric 
8information if: (i) the biometric information is used 
9exclusively for employment, human resources, fraud prevention, 
10or security purposes; (ii) the private entity does not sell, 
11lease, trade, or similarly profit from the biometric identifier 
12or biometric information collected; or (iii) the private entity 
13stores, transmits, and protects the biometric identifiers and 
14biometric information in a manner that is the same as or more 
15protective than the manner in which the private entity stores, 
16transmits, and protects other confidential and sensitive 
17information. 
18(Source: P.A. 95-994, eff. 10-3-08.)