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IL HB5374

Bill

Status

Introduced

2/14/2020

Primary Sponsor

James Durkin

Click for details

Origin

House of Representatives

101st General Assembly

AI Summary

  • Changes "written release" to "written consent" in the Biometric Information Privacy Act and allows consent to be obtained electronically.

  • Requires written policies on biometric data retention and destruction be made available only to the individual whose data is collected, rather than to the public.

  • Establishes a 30-day notice and cure period before legal action; if a private entity cures the violation within 30 days, no statutory damages may be pursued unless the entity later breaches its cure statement.

  • Reduces damages for negligent violations from $1,000 liquidated damages to actual damages only; reduces willful violations from $5,000 liquidated damages to actual damages plus liquidated damages up to the amount of actual damages.

  • Exempts private entities whose employees are covered by collective bargaining agreements with different biometric information policies from the Act's requirements.

Legislative Description

BIPA-PROCEDURE-LIMIT DAMAGES

Last Action

Rule 19(b) / Re-referred to Rules Committee

6/23/2020

Committee Referrals

Rules6/23/2020
Judiciary - Civil3/12/2020
Rules2/18/2020

Full Bill Text

No bill text available