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HB 2593

BIPA-IDOT TESTING VEHICLES

104th Regular Session Introduced by Curtis Tarver

Illinois HB 2593 exempts IDOT-registered autonomous vehicle testers from BIPA, removing biometric provisions and private claims, effective Sept 1, 2025

Rule 19(a) / Re-referred to Rules Committee
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Bill Summary · HB 2593

Summary — HB 2593: BIPA — IDOT testing vehicles

Status: Enacted (signed by Governor 2025-06-20; effective 2025-09-01)
Statute amended: Biometric Information Privacy Act (740 ILCS 14/25)
Primary sponsor (intro): Rep. Curtis J. Tarver, II

Note on source material: the provided document contains two different bill texts (an Arizona education bill and an Illinois BIPA amendment). This summary focuses on the Illinois measure titled “BIPA — IDOT testing vehicles,” which matches the title and legislative actions included.

Main purpose

HB 2593 amends the Illinois Biometric Information Privacy Act (BIPA) to specify that BIPA does not apply to companies registered with the Illinois Department of Transportation (IDOT) to conduct testing of autonomous vehicles. The amendment creates an explicit statutory exception intended to remove BIPA-based obligations and claims for those registered AV testers.

Key provisions

  • Amends Section 25 (Construction) of BIPA (740 ILCS 14/25).
  • Adds a new clause (subsection (f)) stating: “Nothing in this Act shall be construed to apply to companies registered with the Department of Transportation to conduct testing of autonomous vehicles.”
  • Leaves existing BIPA exemptions and construction clauses intact (other subsections remain in force).

Who is affected

  • Directly affected: companies that are registered with IDOT for autonomous vehicle testing in Illinois. Those companies would not be subject to BIPA’s requirements (such as notice, consent, data retention/disposal rules) or BIPA-based private causes of action arising from biometric capture during testing.
  • Indirectly affected: individuals (drivers, passengers, pedestrians, employees, bystanders) whose biometric identifiers (face images, gait, etc.) may be collected by AV testing hardware/software — they would lose the ability to pursue BIPA claims against registered testing companies.
  • Other businesses and entities remain subject to BIPA unless covered by other existing statutory exceptions.

Timeline & procedural history (high‑level)

  • Introduced in early 2025 (first reading 02/06/2025).
  • Passed both legislative chambers (may 2025 dates listed).
  • Sent to and signed by the Governor on 2025-06-20.
  • Statutory effective date: 2025-09-01.

Potential implications and considerations

  • Legal: reduces exposure of registered AV testing companies to BIPA litigation in Illinois; may narrow paths for private enforcement of biometric privacy claims tied to AV testing operations.
  • Privacy: creates a sector-specific carve-out from one of the nation’s strongest biometric privacy statutes, potentially weakening protections for individuals captured by AV sensors in testing contexts.
  • Regulatory interplay: effect depends on IDOT registration rules and any conditions those registrations impose (e.g., safety, reporting, data handling). The amendment does not itself impose alternative privacy safeguards or data-handling standards.
  • Open questions: scope and definition of “companies registered with the Department of Transportation to conduct testing of autonomous vehicles” (e.g., contractors/subcontractors, affiliates), and whether IDOT registration criteria address biometric data practices.

Bottom line

HB 2593 adds a narrow statutory exemption to BIPA for companies registered with IDOT to test autonomous vehicles in Illinois, removing BIPA’s application (and related private claims) for those entities effective September 1, 2025. The change reduces legal risk for AV testers but raises privacy and regulatory policy questions about protections for individuals whose biometric data may be collected during testing.

Compiled from official sources — confirm details with the bill’s official record.

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