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IL HB3414

Bill

Status

Introduced

2/19/2021

Primary Sponsor

Thaddeus Jones

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Origin

House of Representatives

102nd General Assembly

AI Summary

  • Removes "for each violation" language from the Biometric Information Privacy Act (BIPA), eliminating per-violation damages and instead limiting recovery to a single set of liquidated damages ($1,000 for negligent violations, $5,000 for intentional/reckless violations) plus actual damages, whichever is greater.

  • Establishes a one-year statute of limitations for all BIPA claims calculated from the date of the initial violation, with continuing violations or violations of separate provisions treated as a single occurrence.

  • Allows employees to waive their right to file BIPA enforcement actions after receiving an explanation of their rights.

  • Exempts licensed nursing home operators from BIPA requirements if biometric information is used only for employment, HR, compliance, payroll, identification, authentication, safety, security, or fraud prevention purposes; not sold or traded; and subject to documented deletion procedures.

  • Applies amendments retroactively to all pending actions and causes of action accruing on or after the effective date; takes effect immediately upon becoming law.

Legislative Description

BIPA-REMEDIES-CONSTRUCTION

Last Action

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

3/27/2021

Committee Referrals

Rules3/27/2021
Judiciary - Civil3/16/2021
Rules2/22/2021

Full Bill Text

No bill text available