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IL HB0559
Bill
Status
2/2/2021
Primary Sponsor
James Durkin
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AI Summary
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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.
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Modifies the definition of biometric information to exclude data derived from biometric identifiers that cannot be used to recreate the original biometric identifier.
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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.
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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.
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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