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AI Summary
SB3874 amends the Biometric Information Privacy Act, redefining key terms and allowing initial consent for repeated biometric data collection.
Business Impact
If you collect biometric data for security, inform subjects initially or face compliance issues immediately.
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
SB3874 proposes changes to the Biometric Information Privacy Act, including new definitions and consent requirements for biometric data collected for security purposes.
Key Provisions
- Redefines 'biometric identifier' and 'written release' (740 ILCS 14/10)
- Introduces definitions for 'biometric lock', 'biometric time clock', and 'security purpose' (740 ILCS 14/10)
- Allows initial consent for repeated biometric data collection (740 ILCS 14/15(b-5))
- Waives certain requirements for biometric data collection for security purposes (740 ILCS 14/15(b-10))
- Clarifies non-conflict with existing security laws (740 ILCS 14/25)
- Requires the Department of Labor to provide compliance information (740 ILCS 14/35)
Latest Legislative Action
Added as Chief Co-Sponsor Sen. Jason Plummer
Bill Sponsors
| Name | Role | District |
|---|---|---|
| Jason Plummer R | Sponsor | SD-054 |
| William Cunningham D | Sponsor | SD-018 |
Compliance Checklist
Inform subjects of biometric data collection only at initial collection.
Who: Businesses collecting biometric data for security purposes.
Deadline: Immediately upon passage of the bill.
Penalty: Potential legal issues for non-compliance.
Who: Businesses collecting biometric data for security purposes.
Deadline: Immediately upon passage of the bill.
Penalty: Potential legal issues for non-compliance.
Review and update policies regarding biometric data collection.
Who: Compliance officers and legal teams in affected businesses.
Deadline: Immediately upon passage of the bill.
Penalty: Potential legal issues for non-compliance.
Who: Compliance officers and legal teams in affected businesses.
Deadline: Immediately upon passage of the bill.
Penalty: Potential legal issues for non-compliance.
Related & Companion Bills
Full Legal Analysis
SB3874 amends the Biometric Information Privacy Act by altering definitions of 'biometric identifier' and 'written release', and introducing terms such as 'biometric lock', 'biometric time clock', and 'security purpose'. The bill specifies that consent for biometric data collection is only required initially if the data is collected for the same repeated process. It waives certain requirements for biometric data collection when used for security purposes, provided the data is not retained longer than necessary and a deletion process is documented. The bill ensures it does not conflict with the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 or apply to biometric data converted to a mathematical representation by time clocks or locks. The Department of Labor is tasked with providing compliance information on its website. The bill also amends the Workers' Compensation Act to clarify that it does not limit recovery under the Biometric Information Privacy Act. The bill is effective immediately upon becoming law.
Official Source
Official Bill Text
View SB3874 on official legislature website →
Related Topics
Affected Industries
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