102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced , by Rep. Jim Durkin - Dan Caulkins - Thomas M. Bennett
SYNOPSIS AS INTRODUCED:
740 ILCS 14/5
740 ILCS 14/10
740 ILCS 14/15
740 ILCS 14/20
740 ILCS 14/25
Amends the Biometric Information Privacy Act. Changes the term of
"written release" to "written consent". Provides that the written policy
that is developed by a private entity in possession of biometric
identifiers shall be made available to the person from whom biometric
information is to be collected or was collected (rather than to the
public). Provides that an action brought under the Act shall be commenced
within one year after the cause of action accrued if, prior to initiating
any action against a private entity, the aggrieved person provides a
private entity 30 days' written notice identifying the specific provisions
the aggrieved person alleges have been or are being violated. Provides
that if within the 30 days the private entity actually cures the noticed
violation and provides the aggrieved person an express written statement
that the violation has been cured and that no further violations shall
occur, no action for individual statutory damages or class-wide statutory
damages may be initiated against the private entity. Provides that if a
private entity continues to violate the Act in breach of the express
written statement, the aggrieved person may initiate an action against the
private entity to enforce the written statement and may pursue statutory
damages for each breach of the express written statement and any other
violation that postdates the written statement. Provides that a prevailing
party may recover: against a private entity that negligently violates the
Act, actual damages (rather than liquidated damages of $1,000 or actual
damages, whichever is greater); or against a private entity that willfully
(rather than intentionally or recklessly) violates the Act, actual damages
plus liquidated damages up to the amount of actual damages (rather than
liquidated damages of $5,000 or actual damages, whichever is greater).
Provides that the Act does not apply to a private entity if the private
entity's employees are covered by a collective bargaining agreement that
provides for different policies regarding the retention, collection,
disclosure, and destruction of biometric information. Makes other changes.
A BILL FOR
|HB0559||LRB102 11768 LNS 17103 b|
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Biometric Information Privacy Act is
amended by changing Sections 5, 10, 15, 20, and 25 as follows:
(740 ILCS 14/5)
Legislative findings; intent.
The General Assembly
finds all of the following:
(a) The use of biometrics is growing in the business and
security screening sectors and appears to promise streamlined
financial transactions and security screenings.
(b) Major national corporations have selected the City of
Chicago and other locations in this State as pilot testing
sites for new applications of biometric-facilitated financial
transactions, including finger-scan technologies at grocery
stores, gas stations, and school cafeterias.
(c) Biometrics are unlike other unique identifiers that
are used to access finances or other sensitive information.
For example, social security numbers, when compromised, can be
changed. Biometrics, however, are biologically unique to the
individual; therefore, once compromised, the individual has no
recourse, is at heightened risk for identity theft, and is
likely to withdraw from biometric-facilitated transactions.