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Biometric Information Privacy Act

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Citation Edit

Illinois Biometric Information Privacy Act, 740 ILCS 14/1 (2008) (full-text).

Overview Edit

The Act regulates the collection, use, safeguarding, and storage of "biometric identifiers" or "biometric information" by private entities, regardless of the purpose or intended use. "Private entities" under the Act include "individual[s], partnership[s], corporation[s], limited liability company[ies], association[s], or other group, however organized."

A "biometric identifier" is defined as "a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry." Specifically excluded from the definition of "biometric identifiers" are:

writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. . . donated organs, tissues, or parts as defined in the Illinois Anatomical Gift Act or blood or serum stored on behalf of recipients or potential recipients of living or cadaveric transplants and obtained or stored by a federally designated organ procurement agency . . . biological materials regulated under the Genetic Information Privacy Act . . . information captured from a patient in a health care setting or information collected, used, or stored for health care treatment, payment, or operations under the federal Health Insurance Portability and Accountability Act of 1996 . . . an X‑ray, roentgen process, computed tomography, MRI, PET scan, mammography, or other image or film of the human anatomy used to diagnose, prognose, or treat an illness or other medical condition or to further validate scientific testing or screening.

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