Bill Text: IL HB5374 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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). Provides that an action brought under the Act 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 the aggrieved person alleges have been or are being violated. Provides that if within the 30 days the private entity actually cures the noticed violation and provides the aggrieved person an express written statement that the violation has been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated 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 and any other violation 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, whichever is greater); 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, whichever is greater). 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5374 Detail]

Download: Illinois-2019-HB5374-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5374 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED:
740 ILCS 14/5
740 ILCS 14/10
740 ILCS 14/15
740 ILCS 14/20
740 ILCS 14/25
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). Provides that an action brought under the Act 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 the aggrieved person alleges have been or are being violated. Provides that if within the 30 days the private entity actually cures the noticed violation and provides the aggrieved person an express written statement that the violation has been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated 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 and any other violation 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, whichever is greater); 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, whichever is greater). 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.
LRB101 18682 LNS 68137 b
A BILL FOR
HB5374 LRB101 18682 LNS 68137 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Biometric Information Privacy Act is amended
by changing Sections 5, 10, 15, 20, and 25 as follows:
(740 ILCS 14/5)
Sec. 5. Legislative findings; intent. The General Assembly
finds all of the following:
(a) The use of biometrics is growing in the business and
security screening sectors and appears to promise streamlined
financial transactions and security screenings.
(b) Major national corporations have selected the City of
Chicago and other locations in this State as pilot testing
sites for new applications of biometric-facilitated financial
transactions, including finger-scan technologies at grocery
stores, gas stations, and school cafeterias.
(c) Biometrics are unlike other unique identifiers that are
used to access finances or other sensitive information. For
example, social security numbers, when compromised, can be
changed. Biometrics, however, are biologically unique to the
individual; therefore, once compromised, the individual has no
recourse, is at heightened risk for identity theft, and is
likely to withdraw from biometric-facilitated transactions.

HB5374 - 2 - LRB101 18682 LNS 68137 b
(d) An overwhelming majority of members of the public are
wary weary of the use of biometrics when such information is
tied to finances and other personal information.
(e) Despite limited State law regulating the collection,
use, safeguarding, and storage of biometrics, many members of
the public are deterred from partaking in biometric
identifier-facilitated transactions.
(f) The full ramifications of biometric technology are not
fully known.
(g) The public welfare, security, and safety will be served
by regulating the collection, use, safeguarding, handling,
storage, retention, and destruction of biometric identifiers
and information.
(Source: P.A. 95-994, eff. 10-3-08.)
(740 ILCS 14/10)
Sec. 10. Definitions. In this Act:
"Biometric identifier" means a retina or iris scan,
fingerprint, voiceprint, or scan of hand or face geometry.
Biometric identifiers do not include writing samples, written
signatures, photographs, human biological samples used for
valid scientific testing or screening, demographic data,
tattoo descriptions, or physical descriptions such as height,
weight, hair color, or eye color. Biometric identifiers do not
include donated organs, tissues, or parts as defined in the
Illinois Anatomical Gift Act or blood or serum stored on behalf

HB5374 - 3 - LRB101 18682 LNS 68137 b
of recipients or potential recipients of living or cadaveric
transplants and obtained or stored by a federally designated
organ procurement agency. Biometric identifiers do not include
biological materials regulated under the Genetic Information
Privacy Act. Biometric identifiers do not include information
captured from a patient in a health care setting or information
collected, used, or stored for health care treatment, payment,
or operations under the federal Health Insurance Portability
and Accountability Act of 1996. Biometric identifiers do not
include an X-ray, roentgen process, computed tomography, MRI,
PET scan, mammography, or other image or film of the human
anatomy used to diagnose, prognose, or treat an illness or
other medical condition or to further validate scientific
testing or screening.
"Biometric information" means any information, regardless
of how it is captured, converted, stored, or shared, based on
an individual's biometric identifier used to identify an
individual. Biometric information does not include information
derived from items or procedures excluded under the definition
of biometric identifiers, including information derived from
biometric information that cannot be used to recreate the
original biometric identifier.
"Confidential and sensitive information" means personal
information that can be used to uniquely identify an individual
or an individual's account or property. Examples of
confidential and sensitive information include, but are not

HB5374 - 4 - LRB101 18682 LNS 68137 b
limited to, a genetic marker, genetic testing information, a
unique identifier number to locate an account or property, an
account number, a PIN number, a pass code, a driver's license
number, or a social security number.
"Private entity" means any individual, partnership,
corporation, limited liability company, association, or other
group, however organized. A private entity does not include a
State or local government agency. A private entity does not
include any court of Illinois, a clerk of the court, or a judge
or justice thereof.
"Written consent release" means informed written consent
or, in the context of employment, a release executed by an
employee as a condition of employment.
(Source: P.A. 95-994, eff. 10-3-08.)
(740 ILCS 14/15)
Sec. 15. Retention; collection; disclosure; destruction.
(a) A private entity in possession of biometric identifiers
or biometric information must develop a written policy, made
available to the person from whom biometric information is to
be collected or was collected public, establishing a retention
schedule and guidelines for permanently destroying biometric
identifiers and biometric information when the initial purpose
for collecting or obtaining such identifiers or information has
been satisfied or within 3 years of the individual's last
interaction with the private entity, whichever occurs first.

HB5374 - 5 - LRB101 18682 LNS 68137 b
Absent a valid order, warrant, or subpoena issued by a court of
competent jurisdiction or a local or federal governmental
agency, a private entity in possession of biometric identifiers
or biometric information must comply with its established
retention schedule and destruction guidelines.
(b) No private entity may collect, capture, purchase,
receive through trade, or otherwise obtain a person's or a
customer's biometric identifier or biometric information,
unless it first:
(1) informs the subject or the subject's legally
authorized representative in writing that a biometric
identifier or biometric information is being collected or
stored;
(2) informs the subject or the subject's legally
authorized representative in writing of the specific
purpose and length of term for which a biometric identifier
or biometric information is being collected, stored, and
used; and
(3) receives a written consent release executed by the
subject of the biometric identifier or biometric
information or the subject's legally authorized
representative.
Written consent may be obtained by electronic means.
(c) No private entity in possession of a biometric
identifier or biometric information may sell, lease, trade, or
otherwise profit from a person's or a customer's biometric

HB5374 - 6 - LRB101 18682 LNS 68137 b
identifier or biometric information.
(d) No private entity in possession of a biometric
identifier or biometric information may disclose, redisclose,
or otherwise disseminate a person's or a customer's biometric
identifier or biometric information unless:
(1) the subject of the biometric identifier or
biometric information or the subject's legally authorized
representative provides written consent consents to the
disclosure or redisclosure;
(2) the disclosure or redisclosure completes a
financial transaction requested or authorized by the
subject of the biometric identifier or the biometric
information or the subject's legally authorized
representative;
(3) the disclosure or redisclosure is required by State
or federal law or municipal ordinance; or
(4) the disclosure is required pursuant to a valid
warrant or subpoena issued by a court of competent
jurisdiction.
(e) A private entity in possession of a biometric
identifier or biometric information shall:
(1) store, transmit, and protect from disclosure all
biometric identifiers and biometric information using the
reasonable standard of care within the private entity's
industry; and
(2) store, transmit, and protect from disclosure all

HB5374 - 7 - LRB101 18682 LNS 68137 b
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.
(Source: P.A. 95-994, eff. 10-3-08.)
(740 ILCS 14/20)
Sec. 20. Right of action. Any person aggrieved by a
violation of this Act shall have a right of action in a State
circuit court or as a supplemental claim in federal district
court against an offending party, which 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 this Act the aggrieved
person alleges have been or are being violated. If, within the
30 days, the private entity actually cures the noticed
violation and provides the aggrieved person an express written
statement that the violation has been cured and that no further
violations shall occur, no action for individual statutory
damages or class-wide statutory damages may be initiated
against the private entity. If a private entity continues to
violate this Act in breach of the express written statement
provided to the aggrieved person under this Section, the
aggrieved person may initiate an action against the private
entity to enforce the written statement and may pursue

HB5374 - 8 - LRB101 18682 LNS 68137 b
statutory damages for each breach of the express written
statement and any other violation that postdates the written
statement. A prevailing party in any such action may recover
for each violation:
(1) against a private entity that negligently violates
a provision of this Act, liquidated damages of $1,000 or
actual damages, whichever is greater;
(2) against a private entity that willfully
intentionally or recklessly violates a provision of this
Act, actual damages plus liquidated damages up to the
amount of actual damages of $5,000 or actual damages,
whichever is greater;
(3) reasonable attorneys' fees and costs, including
expert witness fees and other litigation expenses; and
(4) other relief, including an injunction, as the State
or federal court may deem appropriate.
(Source: P.A. 95-994, eff. 10-3-08.)
(740 ILCS 14/25)
Sec. 25. Construction.
(a) Nothing in this Act shall be construed to impact the
admission or discovery of biometric identifiers and biometric
information in any action of any kind in any court, or before
any tribunal, board, agency, or person.
(b) Nothing in this Act shall be construed to conflict with
the X-Ray Retention Act, the federal Health Insurance

HB5374 - 9 - LRB101 18682 LNS 68137 b
Portability and Accountability Act of 1996 and the rules
promulgated under either Act.
(c) Nothing in this Act shall be deemed to apply in any
manner to a financial institution or an affiliate of a
financial institution that is subject to Title V of the federal
Gramm-Leach-Bliley Act of 1999 and the rules promulgated
thereunder.
(d) Nothing in this Act shall be construed to conflict with
the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004 and the rules
promulgated thereunder.
(e) Nothing in this Act shall be construed to apply to a
contractor, subcontractor, or agent of a State or federal
agency or local unit of government when working for that State
or federal agency or local unit of government.
(f) Nothing in this Act shall be construed to 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.
(Source: P.A. 95-994, eff. 10-3-08.)