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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3591 Introduced 2/14/2020, by Sen. Jason A. Barickman SYNOPSIS AS INTRODUCED:
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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.
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| | A BILL FOR |
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| | SB3591 | | LRB101 19662 LNS 69152 b |
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| 1 | | AN ACT concerning civil law.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Biometric Information Privacy Act is amended |
| 5 | | by changing Section 20 as follows:
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| 6 | | (740 ILCS 14/20)
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| 7 | | Sec. 20. Right of action. Any person aggrieved by a |
| 8 | | violation of this Act shall have a right of action in a State |
| 9 | | circuit court or as a supplemental claim in federal district |
| 10 | | court against an offending party. A prevailing party may |
| 11 | | recover for each violation: |
| 12 | | (1) (blank); against a private entity that negligently |
| 13 | | violates a provision of this Act, liquidated damages of |
| 14 | | $1,000 or actual damages, whichever is greater; |
| 15 | | (2) against a private entity that intentionally or |
| 16 | | recklessly violates a provision of this Act, liquidated |
| 17 | | damages of $5,000 or actual damages, whichever is greater; |
| 18 | | (3) reasonable attorneys' fees and costs, including |
| 19 | | expert witness fees and other litigation expenses; and |
| 20 | | (4) other relief, including an injunction, as the State |
| 21 | | or federal court may deem appropriate.
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| 22 | | A prevailing party in an action against a private entity |
| 23 | | that negligently violates a provision of this Act may recover |