Technology

Amends the Biometric Information Privacy Act. Changes the definition of "biometric identifier". Defines "biometric lock", "biometric time clock", "person", and "security purpose". Waives certain requirements for collecting, capturing, or otherwise obtaining a person's or a customer's biometric identifier or biometric information under certain circumstances relating to security purposes. Provides that nothing in the Act shall be construed to apply to information captured by a biometric time clock or biometric lock that converts a person's biometric identifier or biometric information to a mathematical representation. Provides that any person aggrieved by a violation of this Act has a right of action in State court or federal court within one year from its occurrence. Requires the aggrieved person to provide the private entity 30 days a written entity alleging the specific provisions of the Act that have been violated. Provides the private entity 30 days to cure the noticed violation. Exempts a private entity if its employees are covered by a collective bargaining agreement that provides for different policies regarding the retention, collection, disclosure, and destruction of biometric information. Effective immediately.

Amends the Illinois Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers (INFORM Consumers) Act. Provides that an online marketplace shall verify and certify that each consumer product advertised on its platform by a high-volume third-party seller was produced, procured, purchased, or acquired in a lawful manner. Provides that an online marketplace shall identify, on its Internet website or application, the high-volume third-party sellers that are certified as operating in a legal and ethical manner and develop a means of making the certification. Provides that an online marketplace shall alert local, regional, or State law enforcement agencies if it suspects that a person or entity is selling or attempting to sell stolen goods to a resident of the State. Provides that an online marketplace shall prevent a person or entity from utilizing its platform or other services if it suspects that a person or entity is selling stolen goods. Provides that, if the Attorney General has reason to believe that any person has violated the Act, the Attorney General may bring an action against the person for a civil penalty not to exceed $10,000 per violation and reasonable attorney's fees and costs.

Creates the State's Attorney and Peace Officer Privacy Act. Provides that government agencies shall not publicly post or display publicly available content that includes the personal information of a State's Attorney, Assistant State's Attorney, or peace officer if the government agency has received a written request in accordance with the Act that it refrain from disclosing the personal information of a State's Attorney, Assistant State's Attorney, or peace officer. Provides that if a government agency fails to comply with a written request to refrain from disclosing personal information, the State's Attorney, Assistant State's Attorney, or peace officer may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. Provides that it is unlawful for any person to knowingly publicly post on the Internet the personal information of a State's Attorney, Assistant State's Attorney, or peace officer or of the immediate family of a State's Attorney, Assistant State's Attorney, or peace officer if the person knows or reasonably should know that publicly posting the personal information poses an imminent and serious threat to the health and safety of the State's Attorney, Assistant State's Attorney, or peace officer or the immediate family of the State's Attorney, Assistant State's Attorney, or peace officer, and the violation is a proximate cause of bodily injury or death of the State's Attorney, Assistant State's Attorney, or peace officer or the immediate family of the State's Attorney, Assistant State's Attorney, or peace officer. Provides that a person who violates this provision is guilty of a Class 3 felony. Provides exemptions. Defines terms. Effective immediately.

Amends the Higher Education Student Assistance Act. Provides that the Illinois Student Assistance Commission shall establish, implement, and administer a STEM Opportunity Scholarship Program, using funds appropriated from the STEM Opportunity Scholarship Program Fund, for the purpose of offering scholarships to young women pursuing degrees in the fields of science, technology, engineering, and mathematics at public universities in this State. Sets forth provisions concerning eligibility, preference and priority, the assistance awarded, funding, and rulemaking. Creates the STEM Opportunity Scholarship Program Fund as a special fund in the State treasury. Makes a corresponding change in the State Finance Act.

Amends the Medical Practice Act of 1987. Defines terms. Provides that a health facility, clinic, physician's office, or office of a group practice that uses generative artificial intelligence to generate written or verbal patient communications pertaining to patient clinical information shall ensure that the communications meet certain criteria. Provides that a communication that is generated by generative artificial intelligence and read and reviewed by a human licensed or certified health care provider is not subject to the amendatory provisions. Provides that a violation of the amendatory provisions by a licensed health facility or a licensed clinic is subject to penalties as implemented by the Department of Financial and Professional Regulation by rule. Provides that a violation of the amendatory provisions by a physician is subject to penalties as determined by the Illinois State Medical Board.

Amends the State Records Act and Local Records Act. Provides that, when an agency generates a record in an encrypted format, an encryption key must be available to decrypt the record for its entire retention period as established by the State or Local Records Commission. Provides that, when an agency maintains a digital format record within a digital storage system that allows the user to set retention timers, these timers must be set to retain the record for its entire retention period as established by the State or Local Records Commission, including the time necessary for the record disposal process. Provides that agencies must comply with the provisions of the Act when destroying or disposing of encrypted public records or public records maintained in a digital format record within a digital storage system that allows the user to set retention timers. Provides that a person who encrypts a public record without lawful authority, or who sets a retention timer for a public record that is not set to the entire retention period as established by the State or Local Records Commission, with the intent to defraud a party, public officer, or entity, commits a Class 4 felony.

Amends the Telephone Solicitations Act. Provides that no person shall solicit the sale of goods or services in the State through automatic dialing, the use of an auto dialer, or the use of a computer program designed to mimic a human operator, unless the person being contacted has expressly consented to be contacted in this manner. Provides that, if a person has previously consented to be contacted in the manner otherwise prohibited, the consent shall only be valid for a period of one year and the person shall be allowed to withdraw that consent at any time in the same manner that the consent was given. Provides that a person to whom consent has been given shall not sell, give, transfer, or assign that consent to another person. Provides for exemptions to the provision. Provides that any customer who is subject to a violation of the provision may bring an action for damages of $500 per violation, plus costs and reasonable attorney's fees. Makes a change to the definition of "emergency telephone number".

Amends the Emergency Medical Services (EMS) Systems Act. In provisions concerning opioid overdose reporting, provides that overdose information reported by a covered vehicle service provider shall not be used in an opioid use-related criminal investigation, prosecution, welfare checks, or warrant checks of the individual who was treated by the covered vehicle service provider personnel for experiencing the suspected or actual overdose. Provides that any misuse of the information reported by a covered vehicle service provider shall result in, but is not limited to, the Department of Transportation reporting misuse to the Washington/Baltimore High Intensity Drug Trafficking Area Overdose Detection Mapping Application or similar technology platform. Permits the Department of Health to adopt rules to set forth standards under which misuse of access may be reported to the Washington/Baltimore High Intensity Drug Trafficking Area Overdose Detection Map or similar platform based on misuse or misconduct by a covered vehicle service provider or other individual or entity at the discretion of the Department. Provides that no data that allows for or creates a risk of identification of an individual or individuals experiencing a suspected or actual overdose treated by the covered vehicle service provider personnel shall be submitted to the Washington/Baltimore High Intensity Drug Trafficking Area Overdose Detection Mapping Application or Similar technology platform. Provides that covered vehicle service provider personnel may report overdose surveillance through an identified technology platform for the use of overdose surveillance under exceptions to HIPAA and the reported data shall only be used to support public safety and public health efforts. Sets forth additional provisions concerning requirements for the Department concerning opioid overdose reporting.

Amends the Illinois Controlled Substances Act concerning the Prescription Monitoring Program. Provides that interstate data sharing agreements shall be mutual. Provides that the Department of Human Services shall only share data if the reciprocal state provides equal access to data of the reciprocating state to all authorized users, licensed health care entities, and application vendors regardless of their method of connection to the Prescription Monitoring Program for interstate data sharing. Effective immediately.

Amends the Criminal Code of 2012. Creates the offense of unlawful publication of criminal activity. Provides that a person commits the offense when he or she knowingly makes a video record or live video of a crime while the crime is being committed and transmits or uploads the video record or live video of the crime to a social media site. Provides that a person who commits unlawful publication of criminal activity shall be sentenced to the same penalty as the penalty for the crime being transmitted or uploaded to a social media site. Provides exceptions. Defines terms.