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IL HB0559

Bill

Status

Introduced

2/2/2021

Primary Sponsor

James Durkin

Click for details

Origin

House of Representatives

102nd General Assembly

AI Summary

  • Amends the Biometric Information Privacy Act to change "written release" to "written consent" and clarify that consent can be obtained by electronic means, removing language that allowed employers to condition employment on such consent.

  • Modifies the definition of biometric information to exclude data derived from biometric identifiers that cannot be used to recreate the original biometric identifier.

  • Requires private entities to make their biometric data retention and destruction policies available to the person from whom biometric information is collected or was collected.

  • Establishes a notice-and-cure procedure requiring aggrieved persons to provide private entities 30 days' written notice before filing suit; if the entity cures the violation within 30 days, no statutory damages may be pursued unless the entity later breaches its written cure statement.

  • Modifies damages provisions so prevailing plaintiffs can recover actual damages plus liquidated damages (up to the amount of actual damages) for willful violations, and actual damages for negligent violations, plus attorneys' fees and costs.

Legislative Description

BIPA-PROCEDURE-LIMIT DAMAGES

Last Action

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

4/23/2021

Committee Referrals

Rules4/23/2021
Judiciary - Civil3/2/2021
Rules2/8/2021

Full Bill Text

No bill text available