BIPA-SECURITY PURPOSE

Illinois General Assembly - Full Text of SB3856

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3856

Introduced 2/6/2026, by Sen. John F. Curran

SYNOPSIS AS INTRODUCED:

740 ILCS 14/10
740 ILCS 14/15

Amends the Biometric Information Privacy Act. Defines "security
purpose" to mean for the purpose of preventing or investigating retail
theft, fraud, or any other misappropriation or theft of a thing of value.
Provides that 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. 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. Effective immediately.
LRB104 17142 JRC 30561 b

A BILL FOR

SB3856
LRB104 17142 JRC 30561 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 and 15 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

SB3856
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LRB104 17142 JRC 30561 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.
8

"Biometric information" means any information, regardless
9
of how it is captured, converted, stored, or shared, based on
10
an individual's biometric identifier used to identify an
11
individual. Biometric information does not include information
12
derived from items or procedures excluded under the definition
13
of biometric identifiers.
14

"Confidential and sensitive information" means personal
15
information that can be used to uniquely identify an
16
individual or an individual's account or property. Examples of
17
confidential and sensitive information include, but are not
18
limited to, a genetic marker, genetic testing information, a
19
unique identifier number to locate an account or property, an
20
account number, a PIN number, a pass code, a driver's license
21
number, or a social security number.
22

"Electronic signature" means an electronic sound, symbol,
23
or process attached to or logically associated with a record
24
and executed or adopted by a person with the intent to sign the
25
record.
26

"Private entity" means any individual, partnership,

SB3856
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LRB104 17142 JRC 30561 b
1
corporation, limited liability company, association, or other
2
group, however organized. A private entity does not include a
3
State or local government agency. A private entity does not
4
include any court of Illinois, a clerk of the court, or a judge
5
or justice thereof.
6

"Security purpose" means for the purpose of preventing or
7
investigating retail theft, fraud, or any other
8
misappropriation or theft of a thing of value. "Security
9
purpose" includes protecting property from trespass,
10
controlling access to property, or protecting any person from
11
harm, including stalking, violence, or harassment, and
12
includes assisting a law enforcement investigation.

13

"Written release" means informed written consent,
14
electronic signature, or, in the context of employment, a
15
release executed by an employee as a condition of employment.
16
(Source: P.A. 103-769, eff. 8-2-24.)

17

(740 ILCS 14/15)
18

Sec. 15.
Retention; collection; disclosure; destruction.
19

(a) A private entity in possession of biometric
20
identifiers or biometric information must develop a written
21
policy, made available to the public, establishing a retention
22
schedule and guidelines for permanently destroying biometric
23
identifiers and biometric information when the initial purpose
24
for collecting or obtaining such identifiers or information
25
has been satisfied or within 3 years of the individual's last

SB3856
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LRB104 17142 JRC 30561 b
1
interaction with the private entity, whichever occurs first.
2
Absent a valid warrant or subpoena issued by a court of
3
competent jurisdiction, a private entity in possession of
4
biometric identifiers or biometric information must comply
5
with its established retention schedule and destruction
6
guidelines.
7

(b) No private entity may collect, capture, purchase,
8
receive through trade, or otherwise obtain a person's or a
9
customer's biometric identifier or biometric information,
10
unless it first:
11

(1) informs the subject or the subject's legally
12

authorized representative in writing that a biometric
13

identifier or biometric information is being collected or
14

stored;
15

(2) informs the subject or the subject's legally
16

authorized representative in writing of the specific
17

purpose and length of term for which a biometric
18

identifier or biometric information is being collected,
19

stored, and used; and
20

(3) receives a written release executed by the subject
21

of the biometric identifier or biometric information or
22

the subject's legally authorized representative.
23

(b-5) A private entity may collect, capture, or otherwise
24
obtain a person's or a customer's biometric identifier or
25
biometric information without satisfying the requirements of
26
subsection (b) if:

SB3856
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LRB104 17142 JRC 30561 b
1

(1) the private entity collects, captures, or
2

otherwise obtains a person's or a customer's biometric
3

identifier or biometric information for a security
4

purpose;
5

(2) the private entity uses the biometric identifier
6

or biometric information only for a security purpose;
7

(3) the private entity retains the biometric
8

identifier or biometric information no longer than is
9

reasonably necessary to satisfy a security purpose; and
10

(4) the private entity documents a process and time
11

frame to delete any biometric information used for the
12

purposes identified in this subsection.

13

(c) No private entity in possession of a biometric
14
identifier or biometric information may sell, lease, trade, or
15
otherwise profit from a person's or a customer's biometric
16
identifier or biometric information.
17

(d) No private entity in possession of a biometric
18
identifier or biometric information may disclose, redisclose,
19
or otherwise disseminate a person's or a customer's biometric
20
identifier or biometric information unless:
21

(1) the subject of the biometric identifier or
22

biometric information or the subject's legally authorized
23

representative consents to the disclosure or redisclosure;
24

(2) the disclosure or redisclosure completes a
25

financial transaction requested or authorized by the
26

subject of the biometric identifier or the biometric

SB3856
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LRB104 17142 JRC 30561 b
1

information or the subject's legally authorized
2

representative;
3

(3) the disclosure or redisclosure is required by
4

State or federal law or municipal ordinance; or
5

(4) the disclosure is required pursuant to a valid
6

warrant or subpoena issued by a court of competent
7

jurisdiction.
8

(e) A private entity in possession of a biometric
9
identifier or biometric information shall:
10

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

biometric identifiers and biometric information using the
12

reasonable standard of care within the private entity's
13

industry; and
14

(2) store, transmit, and protect from disclosure all
15

biometric identifiers and biometric information in a
16

manner that is the same as or more protective than the
17

manner in which the private entity stores, transmits, and
18

protects other confidential and sensitive information.
19
(Source: P.A. 95-994, eff. 10-3-08.)

20

Section 99.
Effective date.
This Act takes effect upon
21
becoming law.

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