BIPA-SECURITY PURPOSES

Illinois General Assembly - Full Text of HB2838

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2838

Introduced 2/6/2025, by Rep. Dan Ugaste

SYNOPSIS AS INTRODUCED:

740 ILCS 14/10
740 ILCS 14/15
740 ILCS 14/20
740 ILCS 14/25

Amends the Biometric Information Privacy Act. Changes the definition
of "biometric identifier". Defines "biometric lock", "biometric time
clock", "person", and "security purpose". Waives certain requirements for
collecting, capturing, or otherwise obtaining a person's or a customer's
biometric identifier or biometric information under certain circumstances
relating to security purposes. Provides that nothing in the Act shall be
construed to apply to information captured by a biometric time clock or
biometric lock that converts a person's biometric identifier or biometric
information to a mathematical representation. Provides that any person
aggrieved by a violation of this Act has a right of action in State court
or federal court within one year from its occurrence. Requires the
aggrieved person to provide the private entity 30 days a written entity
alleging the specific provisions of the Act that have been violated.
Provides the private entity 30 days to cure the noticed violation. Exempts
a private entity if its employees are covered by a collective bargaining
agreement that provides for different policies regarding the retention,
collection, disclosure, and destruction of biometric information.
Effective immediately.
LRB104 08099 JRC 18145 b

A BILL FOR

HB2838
LRB104 08099 JRC 18145 b
1

AN ACT concerning civil law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Biometric Information Privacy Act is
5
amended by changing Sections 10, 15, 20, and 25 as follows:

6

(740 ILCS 14/10)
7

Sec. 10.
Definitions.
In this Act:
8

"Biometric identifier" means a retina or iris scan,
9
fingerprint, voiceprint, or scan of hand or face geometry.
10
Biometric identifiers do not include writing samples, written
11
signatures, photographs, human biological samples used for
12
valid scientific testing or screening, demographic data,
13
tattoo descriptions, or physical descriptions such as height,
14
weight, hair color, or eye color. Biometric identifiers do not
15
include donated organs, tissues, or parts as defined in the
16
Illinois Anatomical Gift Act or blood or serum stored on
17
behalf of recipients or potential recipients of living or
18
cadaveric transplants and obtained or stored by a federally
19
designated organ procurement agency. Biometric identifiers do
20
not include biological materials regulated under the Genetic
21
Information Privacy Act. Biometric identifiers do not include
22
information captured from a patient in a health care setting
23
or information collected, used, or stored for health care

HB2838
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LRB104 08099 JRC 18145 b
1
treatment, payment, or operations under the federal Health
2
Insurance Portability and Accountability Act of 1996.
3
Biometric identifiers do not include an X-ray, roentgen
4
process, computed tomography, MRI, PET scan, mammography, or
5
other image or film of the human anatomy used to diagnose,
6
prognose, or treat an illness or other medical condition or to
7
further validate scientific testing or screening.
"Biometric
8
identifier" does not include (i) information captured and
9
converted to a mathematical representation, including, but not
10
limited to, a numeric string or similar method that cannot be
11
used to recreate the biometric identifier or (ii) information
12
that cannot reasonably be used to identify an individual.

13

"Biometric information" means any information, regardless
14
of how it is captured, converted, stored, or shared, based on
15
an individual's biometric identifier used to identify an
16
individual. Biometric information does not include information
17
derived from items or procedures excluded under the definition
18
of biometric identifiers.
19

"Biometric lock" means a device that is used to grant
20
access to a person and converts the person's biometric
21
identifier or biometric information to a mathematical
22
representation, including, but not limited to, a numeric
23
string or similar method that cannot be used to recreate the
24
person's biometric identifier.
25

"Biometric time clock" means a device that is used for
26
time management and converts a person's biometric identifier

HB2838
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LRB104 08099 JRC 18145 b
1
or biometric information to a mathematical representation,
2
including, but not limited to, a numeric string or similar
3
method that cannot be used to recreate the person's biometric
4
identifier.

5

"Confidential and sensitive information" means personal
6
information that can be used to uniquely identify an
7
individual or an individual's account or property. Examples of
8
confidential and sensitive information include, but are not
9
limited to, a genetic marker, genetic testing information, a
10
unique identifier number to locate an account or property, an
11
account number, a PIN number, a pass code, a driver's license
12
number, or a social security number.
13

"Electronic signature" means an electronic sound, symbol,
14
or process attached to or logically associated with a record
15
and executed or adopted by a person with the intent to sign the
16
record.
17

"Person" means a natural person. A person does not include
18
an individual a private entity has no knowing contact with, or
19
awareness of.

20

"Private entity" means any individual, partnership,
21
corporation, limited liability company, association, or other
22
group, however organized. A private entity does not include a
23
State or local government agency. A private entity does not
24
include any court of Illinois, a clerk of the court, or a judge
25
or justice thereof.
26

"Security purpose" means for the purpose of preventing or

HB2838
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LRB104 08099 JRC 18145 b
1
investigating retail theft, fraud, or any other
2
misappropriation or theft of a thing of value. "Security
3
purpose" includes protecting property from trespass,
4
controlling access to property, or protecting any person from
5
harm, including stalking, violence, or harassment, and
6
includes assisting a law enforcement investigation.

7

"Written release" means informed written consent,
8
electronic signature, or, in the context of employment, a
9
release executed by an employee as a condition of employment.
10
(Source: P.A. 103-769, eff. 8-2-24.)

11

(740 ILCS 14/15)
12

Sec. 15.
Retention; collection; disclosure; destruction.
13

(a) A private entity in possession of biometric
14
identifiers or biometric information must develop a written
15
policy, made available to the
person from whom biometric
16
information is to be collected or was collected

public
,
17
establishing a retention schedule and guidelines for
18
permanently destroying biometric identifiers and biometric
19
information when the initial purpose for collecting or
20
obtaining such identifiers or information has been satisfied
21
or within 3 years of the individual's last interaction with
22
the private entity, whichever occurs first. Absent a valid
23
order,
warrant
,
or subpoena issued by a court of competent
24
jurisdiction
or a local or federal governmental agency
, a
25
private entity in possession of biometric identifiers or

HB2838
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LRB104 08099 JRC 18145 b
1
biometric information must comply with its established
2
retention schedule and destruction guidelines.
3

(b) No private entity may collect, capture, purchase,
4
receive through trade, or otherwise obtain a person's or a
5
customer's biometric identifier or biometric information,
6
unless 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 release executed by the subject
17

of the biometric identifier or biometric information or
18

the subject's legally authorized representative.
19

(b-5) A private entity may collect, capture, or otherwise
20
obtain a person's or a customer's biometric identifier or
21
biometric information without satisfying the requirements of
22
subsection (b) if:
23

(1) the private entity collects, captures, or
24

otherwise obtains a person's or a customer's biometric
25

identifier or biometric information for a security
26

purpose;

HB2838
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LRB104 08099 JRC 18145 b
1

(2) the private entity uses the biometric identifier
2

or biometric information only for a security purpose;
3

(3) the private entity retains the biometric
4

identifier or biometric information no longer than is
5

reasonably necessary to satisfy a security purpose; and
6

(4) the private entity documents a process and time
7

frame to delete any biometric information used for the
8

purposes identified in this subsection.

9

(c) No private entity in possession of a biometric
10
identifier or biometric information may sell, lease, trade, or
11
otherwise profit from a person's or a customer's biometric
12
identifier or biometric information.
13

(d) No private entity in possession of a biometric
14
identifier or biometric information may disclose, redisclose,
15
or otherwise disseminate a person's or a customer's biometric
16
identifier or biometric information unless:
17

(1) the subject of the biometric identifier or
18

biometric information or the subject's legally authorized
19

representative consents to the disclosure or redisclosure;
20

(2) the disclosure or redisclosure completes a
21

financial transaction requested or authorized by the
22

subject of the biometric identifier or the biometric
23

information or the subject's legally authorized
24

representative;
25

(3) the disclosure or redisclosure is required by
26

State or federal law or municipal ordinance; or

HB2838
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LRB104 08099 JRC 18145 b
1

(4) the disclosure is required pursuant to a valid
2

warrant or subpoena issued by a court of competent
3

jurisdiction.
4

(e) A private entity in possession of a biometric
5
identifier or biometric information shall:
6

(1) store, transmit, and protect from disclosure all
7

biometric identifiers and biometric information using the
8

reasonable standard of care within the private entity's
9

industry; and
10

(2) store, transmit, and protect from disclosure all
11

biometric identifiers and biometric information in a
12

manner that is the same as or more protective than the
13

manner in which the private entity stores, transmits, and
14

protects other confidential and sensitive information.
15
(Source: P.A. 95-994, eff. 10-3-08.)

16

(740 ILCS 14/20)
17

Sec. 20.
Right of action.
18

(a) Any person aggrieved by a violation of this Act shall
19
have a right of action in a State circuit court or as a
20
supplemental claim in federal district court against an
21
offending party
, which shall be commenced within one year
22
after the cause of action accrued if, prior to initiating any
23
action against a private entity, the aggrieved person provides
24
a private entity 30 days' written notice identifying the
25
specific provisions of this Act the aggrieved person alleges

HB2838
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LRB104 08099 JRC 18145 b
1
have been or are being violated. If, within the 30 days, the
2
private entity actually cures the noticed violation and
3
provides the aggrieved person an express written statement
4
that the violation has been cured and that no further
5
violations shall occur, no action for individual statutory
6
damages or class-wide statutory damages may be initiated
7
against the private entity. If a private entity continues to
8
violate this Act in breach of the express written statement
9
provided to the aggrieved person under this Section, the
10
aggrieved person may initiate an action against the private
11
entity to enforce the written statement and may pursue
12
statutory damages for each breach of the express written
13
statement and any other violation that postdates the written
14
statement
.
15

(b)
A prevailing party may recover for each violation:
16

(1) against a private entity that negligently violates
17

a provision of this Act, liquidated damages of $1,000 or
18

actual damages, whichever is greater;
19

(2) against a private entity that intentionally or
20

recklessly violates a provision of this Act, liquidated
21

damages of $5,000 or actual damages, whichever is greater;
22

(3) reasonable attorneys' fees and costs, including
23

expert witness fees and other litigation expenses; and
24

(4) other relief, including an injunction, as the
25

State or federal court may deem appropriate.
26

(b) For purposes of subsection (b) of Section 15, a

HB2838
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LRB104 08099 JRC 18145 b
1
private entity that, in more than one instance, collects,
2
captures, purchases, receives through trade, or otherwise
3
obtains the same biometric identifier or biometric information
4
from the same person using the same method of collection in
5
violation of subsection (b) of Section 15 has committed a
6
single violation of subsection (b) of Section 15 for which the
7
aggrieved person is entitled to, at most, one recovery under
8
this Section.
9

(c) For purposes of subsection (d) of Section 15, a
10
private entity that, in more than one instance, discloses,
11
rediscloses, or otherwise disseminates the same biometric
12
identifier or biometric information from the same person to
13
the same recipient using the same method of collection in
14
violation of subsection (d) of Section 15 has committed a
15
single violation of subsection (d) of Section 15 for which the
16
aggrieved person is entitled to, at most, one recovery under
17
this Section regardless of the number of times the private
18
entity disclosed, redisclosed, or otherwise disseminated the
19
same biometric identifier or biometric information of the same
20
person to the same recipient.
21
(Source: P.A. 103-769, eff. 8-2-24.)

22

(740 ILCS 14/25)
23

Sec. 25.
Construction.
24

(a) Nothing in this Act shall be construed to impact the
25
admission or discovery of biometric identifiers and biometric

HB2838
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LRB104 08099 JRC 18145 b
1
information in any action of any kind in any court, or before
2
any tribunal, board, agency, or person.
3

(b) Nothing in this Act shall be construed to conflict
4
with the X-Ray Retention Act, the federal Health Insurance
5
Portability and Accountability Act of 1996
,
and the rules
6
promulgated under either Act.
7

(c) Nothing in this Act shall be deemed to apply in any
8
manner to a financial institution or an affiliate of a
9
financial institution that is subject to Title V of the
10
federal Gramm-Leach-Bliley Act of 1999 and the rules
11
promulgated thereunder.
12

(d) Nothing in this Act shall be construed to conflict
13
with the Private Detective, Private Alarm, Private Security,
14
Fingerprint Vendor, and Locksmith Act of 2004 and the rules
15
promulgated thereunder
or information captured by an alarm
16
system as defined by that Act installed by a person licensed
17
under that Act and the rules adopted thereunder
.
18

(e) Nothing in this Act shall be construed to apply to a
19
contractor, subcontractor, or agent of a State
or federal

20
agency or local unit of government when working for that State
21
or federal
agency or local unit of government.
22

(f) Nothing in this Act shall be construed to apply to
23
information captured by a biometric time clock or biometric
24
lock that converts a person's biometric identifier or
25
biometric information to a mathematical representation,
26
including, but not limited to, a numeric string or similar

HB2838
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LRB104 08099 JRC 18145 b
1
method that cannot be used to recreate the person's biometric
2
identifier or biometric information.

3

(g) Nothing in this Act shall be construed to apply to a
4
private entity if the private entity's employees are covered
5
by a collective bargaining agreement that provides for
6
different policies regarding the retention, collection,
7
disclosure, and destruction of biometric information.

8
(Source: P.A. 95-994, eff. 10-3-08.)

9

Section 99.
Effective date.
This Act takes effect upon
10
becoming law.

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