SB0056 102ND GENERAL ASSEMBLY

LRB102 04002 LNS 14018 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0056

Introduced 1/29/2021, by Sen. Terri Bryant

SYNOPSIS AS INTRODUCED:

740 ILCS 14/20

Amends the Biometric Information Privacy Act. Provides that an action for a violation of the Act shall be commenced within one year after the cause of action accrued if the aggrieved person provides a private entity 30 days' written notice identifying the specific provisions of the Act 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 a prevailing party may recover actual damages for a negligent violation of the Act (instead of "liquidated damages of $1,000 or actual damages, whichever is greater"). Provides that a prevailing party against a private entity that willfully (instead of intentionally or recklessly) violates the Act may recover actual damages plus liquidated damages up to the amount of actual damages (instead of "liquidated damages of $5,000 or actual damages, whichever is greater").

A BILL FOR

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, which 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 of this Act the aggrieved person alleges have been or are being violated. 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. If a private entity continues to violate this Act in breach of the express written statement provided to the aggrieved person under this Section, 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. A prevailing party in any such action may recover for each violation:

(1) 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 willfully intentionally or recklessly violates a provision of this Act, actual damages plus liquidated damages up to the amount of actual 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.

(Source: P.A. 95-994, eff. 10-3-08.)