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IL HB4686

Bill

Status

Failed

1/7/2025

Primary Sponsor

Tim Ozinga

Click for details

Origin

House of Representatives

103rd General Assembly

AI Summary

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

  • Requires written policies on biometric data retention and destruction be made available to the individual whose biometric information is collected, rather than to the general public.

  • Establishes a 30-day cure period: entities must be notified of alleged violations and have 30 days to cure the violation and provide written assurance before any lawsuit can proceed; cured violations prevent statutory damages.

  • Reduces damages for negligent violations from $1,000 per violation to actual damages only; limits willful violations to actual damages plus liquidated damages up to the amount of actual damages (previously $5,000 per violation minimum).

  • Exempts private entities whose employees are covered by collective bargaining agreements with different biometric information policies from the Act's requirements.

Legislative Description

BIPA-PROCEDURE-LIMIT DAMAGES

Last Action

Session Sine Die

1/7/2025

Committee Referrals

Rules4/5/2024
Civil Procedure & Tort Liability Subcommittee3/13/2024
Judiciary - Civil3/5/2024
Rules2/6/2024

Full Bill Text

No bill text available