ILCS » Chapter 740 · Act 14
Illinois Compiled Statutes

740 ILCS 14/10 (2026)

Definitions

✓ current as of May 2026
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(740 ILCS 14/10)
    Sec. 10. Definitions. In this Act:
    "Biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include 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. Biometric identifiers do not include 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. Biometric identifiers do not include biological materials regulated under the Genetic Information Privacy Act. Biometric identifiers do not include 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. Biometric identifiers do not include 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.
    "Biometric information" means any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers.
    "Confidential and sensitive information" means personal information that can be used to uniquely identify an individual or an individual's account or property. Examples of confidential and sensitive information include, but are not limited to, a genetic marker, genetic testing information, a unique identifier number to locate an account or property, an account number, a PIN number, a pass code, a driver's license number, or a social security number.
    "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
    "Private entity" means any individual, partnership, corporation, limited liability company, association, or other group, however organized. A private entity does not include a State or local government agency. A private entity does not include any court of Illinois, a clerk of the court, or a judge or justice thereof.
    "Written release" means informed written consent, electronic signature, or, in the context of employment, a release executed by an employee as a condition of employment.
(Source: P.A. 103-769, eff. 8-2-24.)

    
Notes of Decisions
Cited in 52 cases (38 in the last 5 years), 2017–2025 · leading case: West Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978 (Ill. 2021).
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West Bend Mut. Ins. Co. v. Krishna Schaumburg Tan, Inc., 2021 IL 125978 (Ill. 2021). · cites it 3× “” 740 ILCS 14/10 (West 2018). The Act regulates the collection, retention, disclosure, and destruction of biometric identifiers and information.”
Watson v. Legacy Healthcare Fin. Servs., LLC, 2021 IL App (1st) 210279 (Ill. App. Ct. 2021). · cites it 3× “740 ILCS 14/10 (West 2018). The same section defines “ ‘[b]iometric information’ ” to “mean[ ] any information, regardless of how it is captured,” so long as it is “based on an individual’s” fingerprint or hand scan and “used to identify an individual.”
McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511 (Ill. 2022). · cites it 2× “740 ILCS 14/10 (West 2016) (“ ‘Written release’ means informed written consent or, in the context of employment, a release executed by an employee as a condition of employment.”
Rivera v. Google Inc., 238 F. Supp. 3d 1088 (N.D. Ill. 2017). “740 ILCS 14/10 (emphasis added). With that premise in hand—photographs are not biometric identifiers—Google .”
Mosby v. Ingalls Mem'l Hosp., 2022 IL App (1st) 200822 (Ill. App. Ct. 2022). · cites it 3× “tory appeal pursuant to Rule 308 concerning the same issue: “Does finger-scan information collected by a health care provider from its employees fall within the Biometric Information Privacy Act’s exclusion for ‘information collected, used, or stored for health care treatment,…”
Bayeg v. The Admiral at the Lake, 2024 IL App (1st) 231141 (Ill. App. Ct. 2024). · cites it 2× “740 ILCS 14/10 (West 2016). The Act defines “biometric information” as “any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier.”
Marino v. Gunnar Optiks LLC, 2024 IL App (1st) 231826 (Ill. App. Ct. 2024). · cites it 6× “1, 2019): “Pursuant to the health care exemption under the Biometric Information Privacy Act 740 ILCS 14/10, is an individual who tries on non-prescription sunglasses utilizing a virtual try-on tool that captures certain biometric information, considered a patient in a health…”
Thermoflex Waukegan, LLC v. Mitsui Sumitomo Ins. USA, Inc., 102 F.4th 438 (7th Cir. 2024). “Judge Lee thought its application straightforward: the Act identifies biometric information as confidential (“nonpub- lic”), see 740 ILCS 14/10, 14/15(e)—and, although the effect of the exclusion depends on the meaning of the policy rather than the meaning of the Act, the ordinary…”
Rivera v. Google, Inc., 366 F. Supp. 3d 998 (E.D. Ill. 2018). · cites it 2× “As noted earlier, for the purposes of deciding this motion, the Court assumes that the face templates are "biometric identifiers" under the Act, 740 ILCS 14/10, and that Google did not provide disclosures or obtain the consent as required by the Act, id.”
Remprex, LLC v. Certain Underwriters at Lloyd's London, Syndicates 2623/623, 2023 IL App (1st) 211097 (Ill. App. Ct. 2023). “” 740 ILCS 14/10 (West 2018); Mosby v. Ingalls Memorial Hospital, 2022 IL App (1st) 200822, ¶ 47 .”
Rosenbach v. Six Flags Ent. Corp., 2017 IL App (2d) 170317 (Ill. App. Ct. 2020). · cites it 2× “740 ILCS 14/10 (West 2016). The Act requires private entities, like defendants, to develop written policies, made available to the public, establishing a retention schedule and guidelines for the destruction of biometric identifiers.”
Rosenbach v. Six Flags Ent. Corp., 2017 IL App (2d) 170317 (Ill. App. Ct. 2017). · cites it 2× “740 ILCS 14/10 (West 2016). The Act requires private entities, like defendants, to develop written policies, made available to the public, establishing a retention schedule and guidelines for the destruction of biometric identifiers.”
Show all 52 citing cases →
— 740 ILCS 14/10(a) — 1 case
Fernandez v. Kerry, Inc. (N.D. Ill. 2020).
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