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IL SB3591
Bill
Status
1/13/2021
Primary Sponsor
Jason Barickman
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AI Summary
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Amends the Biometric Information Privacy Act (740 ILCS 14/20) to modify damages available for negligent violations by private entities.
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Removes the previous provision allowing recovery of damages for each negligent violation and replaces it with a single liquidated damages claim of $1,000 or actual damages, whichever is greater.
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Limits negligent violation damages to a single recovery per aggrieved party's biometric identifier or information collection, regardless of how many times the violation occurs.
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Maintains higher damages of $5,000 or actual damages (whichever is greater) for intentional or reckless violations by private entities.
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Preserves the right to recover reasonable attorneys' fees, costs, expert witness fees, litigation expenses, and injunctive relief for all violations.
Legislative Description
BIPA-NEGLIGENT VIOLATION
Last Action
Session Sine Die
1/13/2021