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IL HB5374
Bill
Status
2/14/2020
Primary Sponsor
James Durkin
Click for details
AI Summary
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Changes "written release" to "written consent" in the Biometric Information Privacy Act and allows consent to be obtained electronically.
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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.
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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.
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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.
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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