Disclaimer: This page provides general informational summaries only and does not constitute legal advice. AI-generated content may contain errors. Always consult a qualified attorney for guidance specific to your situation.
Read full disclaimer →
AI Summary
HB5635 amends the Biometric Information Privacy Act, altering definitions and consent requirements for biometric data collection, especially for security purposes.
Business Impact
If you collect biometric data for security, inform subjects initially and comply with deletion rules to avoid legal action.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
Illinois HB5635 proposes changes to the Biometric Information Privacy Act, focusing on biometric data collection for security purposes. It redefines key terms and modifies consent requirements, impacting how businesses handle biometric data.
Key Provisions
- Redefines 'biometric identifier' and 'written release' (Sec. 10).
- Introduces definitions for 'biometric lock', 'biometric time clock', and 'security purpose' (Sec. 10).
- Allows initial consent for repeated biometric data collection (Sec. 15).
- Waives certain requirements for biometric data collection for security purposes (Sec. 15).
- Establishes a one-year right of action for aggrieved individuals (Sec. 20).
- Requires 30 days notice to the private entity before legal action (Sec. 20).
Latest Legislative Action
Added Chief Co-Sponsor Rep. Dan Ugaste
Bill Sponsors
| Name | Role | District |
|---|---|---|
| Dan Ugaste R | Sponsor | HD-065 |
| Jeff Keicher R | Sponsor | HD-070 |
Compliance Checklist
Inform subjects of biometric data collection during initial collection only
Who: Private entities collecting biometric data
Penalty: Legal action for violations
Who: Private entities collecting biometric data
Penalty: Legal action for violations
Provide notice of violations to private entities
Who: Aggrieved individuals
Deadline: Within one year of violation
Penalty: Loss of right to action if not notified
Who: Aggrieved individuals
Deadline: Within one year of violation
Penalty: Loss of right to action if not notified
Related & Companion Bills
Full Legal Analysis
Illinois HB5635 seeks to amend the Biometric Information Privacy Act by changing the definitions of 'biometric identifier' and 'written release', and introducing new terms such as 'biometric lock', 'biometric time clock', and 'security purpose'. The bill stipulates that if biometric data is collected for the same repeated process, entities only need to inform or obtain consent from individuals during the initial collection. This aims to streamline processes for businesses while maintaining privacy protections. Additionally, the bill waives certain requirements for collecting biometric data when used for security purposes, provided the data is not retained longer than necessary and is converted into a mathematical representation that cannot recreate the original biometric identifier. Aggrieved individuals have a right to take legal action within one year of a violation, but must first notify the private entity and allow 30 days for the entity to cure the violation. The bill is effective immediately upon passage.
Official Source
Official Bill Text
View HB5635 on official legislature website →
Related Topics
Affected Industries
More Illinois AI Legislation
View All IL Laws →More Illinois AI Laws
Browse all published AI bills and regulations for Illinois.