Bill Text: IL SB3591 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Biometric Information Privacy Act. Deletes language that a prevailing party may recover damages against a private entity that negligently violates the Act for each violation of the Act. Provides instead that a prevailing party may recover liquidated damages of $1,000 or actual damages, whichever is greater, and that such damages for a negligent violation by a private entity shall be recovered only for a single collection of each aggrieved party's biometric identifier or biometric information.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3591 Detail]

Download: Illinois-2019-SB3591-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3591 Introduced 2/13/2020, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED:
740 ILCS 14/20
Amends the Biometric Information Privacy Act. Deletes language that a prevailing party may recover damages against a private entity that negligently violates the Act for each violation of the Act. Provides instead that a prevailing party may recover liquidated damages of $1,000 or actual damages, whichever is greater, and that such damages for a negligent violation by a private entity shall be recovered only for a single collection of each aggrieved party's biometric identifier or biometric information.
LRB101 19662 LNS 69152 b
A BILL FOR
SB3591 LRB101 19662 LNS 69152 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Biometric Information Privacy Act is amended
by changing Section 20 as follows:
(740 ILCS 14/20)
Sec. 20. Right of action. Any person aggrieved by a
violation of this Act shall have a right of action in a State
circuit court or as a supplemental claim in federal district
court against an offending party. A prevailing party may
recover for each violation:
(1) (blank); against a private entity that negligently
violates a provision of this Act, liquidated damages of
$1,000 or actual damages, whichever is greater;
(2) against a private entity that intentionally or
recklessly violates a provision of this Act, liquidated
damages of $5,000 or actual damages, whichever is greater;
(3) reasonable attorneys' fees and costs, including
expert witness fees and other litigation expenses; and
(4) other relief, including an injunction, as the State
or federal court may deem appropriate.
A prevailing party in an action against a private entity
that negligently violates a provision of this Act may recover

SB3591 - 2 - LRB101 19662 LNS 69152 b
liquidated damages of $1,000 or actual damages, whichever is
greater. Damages recovered for a negligent violation by a
private entity shall be recovered only for a single collection
of each aggrieved party's biometric identifier or biometric
information.
(Source: P.A. 95-994, eff. 10-3-08.)