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AI Summary
HB2335 amends the Biometric Information Privacy Act, redefining terms and adjusting consent and exemption rules for biometric data in Illinois.
Business Impact
If you collect biometric data for security, inform subjects initially and comply with deletion processes 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
HB2335 proposes amendments to the Illinois Biometric Information Privacy Act, redefining key terms and modifying consent requirements for biometric data collected for security purposes. It exempts certain biometric devices from the Act and mandates the Department of Labor to provide compliance guidance.
Key Provisions
- Redefines 'biometric identifier' and 'written release' (740 ILCS 14/10)
- Defines 'biometric lock', 'biometric time clock', 'electronic signature', 'in writing', 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))
- Exempts biometric time clocks and locks from BIPA regulations (740 ILCS 14/25(f))
- Mandates the Department of Labor to provide compliance information (740 ILCS 14/35 new)
- Ensures employee rights under BIPA are not diminished (820 ILCS 305/5)
Latest Legislative Action
Added Co-Sponsor Rep. Tom Weber
Bill Sponsors
| Name | Role | District |
|---|---|---|
| Dan Ugaste R | Sponsor | HD-065 |
| Jeff Keicher R | Sponsor | HD-070 |
| Natalie Manley D | Sponsor | HD-098 |
| Ryan Spain R | Sponsor | HD-073 |
| Tom Weber R | Sponsor | HD-064 |
Compliance Checklist
Inform individuals at the initial collection of biometric data.
Who: Private entities collecting biometric data.
Penalty: Potential legal issues for non-compliance.
Who: Private entities collecting biometric data.
Penalty: Potential legal issues for non-compliance.
Review and update biometric data collection practices.
Who: Employers using biometric technology.
Penalty: Risk of violating BIPA provisions.
Who: Employers using biometric technology.
Penalty: Risk of violating BIPA provisions.
Related & Companion Bills
Full Legal Analysis
HB2335 amends the Biometric Information Privacy Act in Illinois by revising the definitions of 'biometric identifier' and 'written release' and introducing new definitions for 'biometric lock,' 'biometric time clock,' 'electronic signature,' 'in writing,' and 'security purpose' (740 ILCS 14/10). The bill allows private entities to inform individuals or obtain consent only during the initial collection of biometric data if it is for the same repeated process (740 ILCS 14/15(b-5)). It waives certain requirements for collecting biometric identifiers when used for security purposes, provided specific conditions are met, such as using the data solely for security purposes and documenting a deletion process (740 ILCS 14/15(b-10)). The Act does not apply to biometric time clocks or locks that convert biometric data into mathematical representations (740 ILCS 14/25(f)). Additionally, the Department of Labor is required to provide information on the Act's requirements on its website (740 ILCS 14/35 new). The bill also amends the Workers' Compensation Act to ensure it does not limit or preempt employee recovery under the Biometric Information Privacy Act (820 ILCS 305/5). The bill is effective immediately upon becoming law.
Official Source
Official Bill Text
View HB2335 on official legislature website →
Related Topics
Affected Industries
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