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IL HB3414
Bill
Status
2/19/2021
Primary Sponsor
Thaddeus Jones
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AI Summary
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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.
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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.
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Allows employees to waive their right to file BIPA enforcement actions after receiving an explanation of their rights.
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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.
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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