Legislation in Illinois
2022 BIPA Legislation
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This bill creates an exemption to BIPA for health care employers, if:
The employee submitted a fingerprint-based record check;
The biometric information is used exclusively for employment, human resources, compliance, payroll, identification, authentication, safety, security, or fraud prevention purposes;
The employer does not sell, lease, or trade the biometric information, and
The employer documents a process to delete the information.
Contact the bill sponsor and ask them not to pass this legislation!
This bill creates an exemption for private entities to collect biometric data without informing or collecting a release if they have a “security purpose.”
Security Purpose Exemption
“Security purpose” is defined as the “purpose of preventing retail theft, fraud, or any other misappropriation or theft of a thing of value, including protecting property from trespass, controlling access to property, protecting any person from harm, including stalking, violence, or harassment, and assisting a law enforcement investigation.”
Under this security purpose exemption, the time frame for retention would be no longer than necessary, and the private entity must document their process and time frame to delete the information.
Contact the bill sponsor and ask them not to pass this legislation!
This bill does 5 main things:
Changes the definition of “biometric identifiers:”
“Biometric identifiers” would not include information captured and converted to a mathematical representation, including, but not limited to, a numeric string or similar method that cannot be used to recreate the biometric identifier.
Changes the definition of “written release” to include electronic communications.
Provides that if the biometric identifier or biometric information is collected or captured for the same repeated process, the private entity is only required to inform the subject or receive consent during the initial collection.
Exempts a “security purpose” from consent requirements:
“Security purpose” means for the purpose of preventing or investigating retail theft, fraud, or any other misappropriation or theft of a thing of value.
"Security purpose" includes protecting property from trespass, controlling access to property, or protecting any person from harm, including stalking, violence, or harassment, and includes assisting a law enforcement investigation.
Exempts biometric time clocks and locks
Contact the bill sponsor and ask them not to pass this legislation!
This bill creates an exemption to BIPA for health care employers, if:
The employee submitted a fingerprint-based record check;
The biometric information is used exclusively for employment, human resources, compliance, payroll, identification, authentication, safety, security, or fraud prevention purposes;
The employer does not sell, lease, or trade the biometric information, and
The employer documents a process to delete the information.
Contact the bill sponsor and ask them not to pass this legislation!
This bill does 5 main things:
Changes the definition of “biometric identifiers:”
“Biometric identifiers” would not include information captured and converted to a mathematical representation, including, but not limited to, a numeric string or similar method that cannot be used to recreate the biometric identifier.
Changes the definition of “written release” to include electronic communications.
Provides that if the biometric identifier or biometric information is collected or captured for the same repeated process, the private entity is only required to inform the subject or receive consent during the initial collection.
Exempts a “security purpose” from consent requirements:
“Security purpose” means for the purpose of preventing or investigating retail theft, fraud, or any other misappropriation or theft of a thing of value.
"Security purpose" includes protecting property from trespass, controlling access to property, or protecting any person from harm, including stalking, violence, or harassment, and includes assisting a law enforcement investigation.
Exempts biometric time clocks and locks
Contact the bill sponsor and ask them not to pass this legislation!
Amends the Biometric Privacy Information Act. Provides that if an employee brings an action against an employer under the Act, the employee's entitlement to relief shall be determined as provided in the Workers' Compensation Act. Amends the Workers' Compensation Act. Provides that an action arising under the Biometric Information Privacy Act due to the actions of an employer shall be adjudicated in accordance with the Workers' Compensation Act.
Contact the bill sponsor and ask them not to pass this legislation!