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IL HB2252

Bill

Status

Failed

1/7/2025

Primary Sponsor

Dan Ugaste

Click for details

Origin

House of Representatives

103rd General Assembly

AI Summary

  • Changes "written release" to "written consent" throughout the Biometric Information Privacy Act and allows consent to be obtained electronically.

  • Requires private entities to make their biometric information policies available to the individual from whom information is collected (rather than to the public).

  • Establishes a 30-day notice and cure period before litigation: if a private entity cures the violation within 30 days and provides written confirmation, no statutory damages may be claimed unless they later breach that written statement.

  • Reduces damages for negligent violations from liquidated damages of $1,000 or actual damages (whichever is greater) to actual damages only; for willful violations, changes from $5,000 or actual damages to actual damages plus liquidated damages up to the amount of actual damages.

  • Exempts private entities whose employees are covered by a collective bargaining agreement that provides different policies for biometric information retention, collection, disclosure, and destruction.

Legislative Description

BIPA-PROCEDURE-LIMIT DAMAGES

Last Action

Session Sine Die

1/7/2025

Committee Referrals

Rules3/10/2023
Civil Procedure & Tort Liability Subcommittee3/8/2023
Judiciary - Civil2/28/2023
Rules2/14/2023

Full Bill Text

No bill text available