102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3414

 

Introduced 2/22/2021, by Rep. Thaddeus Jones

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 14/20
740 ILCS 14/25
740 ILCS 14/35 new

    Amends the Biometric Information Privacy Act. Deletes language allowing a prevailing party in an action to recover for each violation of the Act. Provides that nothing in the Act shall be construed to apply to a licensed operator of a facility collecting, storing, or transmitting biometric information. Provides that all claims filed under the Act shall be filed within one year of the initial violation. Provides that continuing violations of the Act, or violations of separate provisions of the Act, shall be considered the same occurrence and are subject to the one-year statute of limitations calculated from the date of the initial violation. Provides that an employee may waive any violation under the Act after an explanation of rights. Effective immediately.


LRB102 13631 LNS 18981 b

 

 

A BILL FOR

 

HB3414LRB102 13631 LNS 18981 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Biometric Information Privacy Act is
5amended by changing Sections 20 and 25 and by adding Section 35
6as follows:
 
7    (740 ILCS 14/20)
8    Sec. 20. Right of action.
9    (a) Any person aggrieved by a violation of this Act shall
10have a right of action in a State circuit court or as a
11supplemental claim in federal district court against an
12offending party. A prevailing party may recover for each
13violation:
14        (1) against a private entity that negligently violates
15    a provision of this Act, liquidated damages of $1,000 or
16    actual damages, whichever is greater;
17        (2) against a private entity that intentionally or
18    recklessly violates a provision of this Act, liquidated
19    damages of $5,000 or actual damages, whichever is greater;
20        (3) reasonable attorneys' fees and costs, including
21    expert witness fees and other litigation expenses; and
22        (4) other relief, including an injunction, as the
23    State or federal court may deem appropriate.

 

 

HB3414- 2 -LRB102 13631 LNS 18981 b

1    (b) All actions filed under this Act shall be filed within
2one year of the initial violation. Continuing violations of
3this Act, or violations of separate provisions of this Act,
4shall be considered the same occurrence for purposes of
5damages under Section 20 and are subject to the one-year
6statute of limitations calculated from the date of the initial
7violation.
8    (c) An employee may waive the right to file an action to
9enforce any violation of this Act after an explanation of
10rights contained in this Act.
11(Source: P.A. 95-994, eff. 10-3-08.)
 
12    (740 ILCS 14/25)
13    Sec. 25. Construction.
14    (a) Nothing in this Act shall be construed to impact the
15admission or discovery of biometric identifiers and biometric
16information in any action of any kind in any court, or before
17any tribunal, board, agency, or person.
18    (b) Nothing in this Act shall be construed to conflict
19with the X-Ray Retention Act, the federal Health Insurance
20Portability and Accountability Act of 1996 and the rules
21promulgated under either Act.
22    (c) Nothing in this Act shall be deemed to apply in any
23manner to a financial institution or an affiliate of a
24financial institution that is subject to Title V of the
25federal Gramm-Leach-Bliley Act of 1999 and the rules

 

 

HB3414- 3 -LRB102 13631 LNS 18981 b

1promulgated thereunder.
2    (d) Nothing in this Act shall be construed to conflict
3with the Private Detective, Private Alarm, Private Security,
4Fingerprint Vendor, and Locksmith Act of 2004 and the rules
5promulgated thereunder.
6    (e) Nothing in this Act shall be construed to apply to a
7contractor, subcontractor, or agent of a State agency or local
8unit of government when working for that State agency or local
9unit of government.
10    (f) Nothing in this Act shall be construed to apply to a
11licensed operator of a facility, as defined in the Nursing
12Home Care Act, collecting, storing, or transmitting biometric
13information if:
14        (1) the biometric information or biometric identifier
15    are used exclusively for:
16            (A) employment, human resources, compliance,
17        payroll, identification, or authentication purposes;
18        or
19            (B) safety, security, or fraud prevention
20        purposes;
21        (2) the licensed operator of a facility does not sell,
22    lease, or trade the biometric identifier or biometric
23    information collected; and
24        (3) the private entity documents a process and time
25    frame to delete any biometric information or biometric
26    identifier used for the purposes identified in paragraph

 

 

HB3414- 4 -LRB102 13631 LNS 18981 b

1    (1).
2(Source: P.A. 95-994, eff. 10-3-08.)
 
3    (740 ILCS 14/35 new)
4    Sec. 35. Applicability of amendatory Act. The changes made
5by this amendatory Act of the 102nd General Assembly apply to
6all actions pending in any State of federal court filed
7pursuant to this Act as of the effective date of those changes
8and to all causes of action accruing and actions filed on or
9after the effective date of this amendatory Act of the 102nd
10General Assembly.
 
11    Section 97. Severability. The provisions of this Act are
12severable under Section 1.31 of the Statute on Statutes.
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.