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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3204 Introduced 2/17/2023, by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
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Amends the Biometric Information Privacy Act. Requires an aggrieved person to commence an action for a violation of the Act within one year of (i) the date of the violation or (ii) the date on which the aggrieved person discovers the violation.
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| | A BILL FOR |
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| | HB3204 | | LRB103 30215 LNS 56643 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 |
| 5 | | amended 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. |
| 8 | | (a) Any person aggrieved by a violation of this Act shall |
| 9 | | have a right of action in a State circuit court or as a |
| 10 | | supplemental claim in federal district court against an |
| 11 | | offending party. A prevailing party may recover for each |
| 12 | | violation: |
| 13 | | (1) against a private entity that negligently violates |
| 14 | | a provision of this Act, liquidated damages of $1,000 or |
| 15 | | actual damages, whichever is greater; |
| 16 | | (2) against a private entity that intentionally or |
| 17 | | recklessly violates a provision of this Act, liquidated |
| 18 | | damages of $5,000 or actual damages, whichever is greater; |
| 19 | | (3) reasonable attorneys' fees and costs, including |
| 20 | | expert witness fees and other litigation expenses; and |
| 21 | | (4) other relief, including an injunction, as the |
| 22 | | State or federal court may deem appropriate.
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| 23 | | (b) An action brought under this Section shall be |