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").


LRB102 04002 LNS 14018 b

 

 

A BILL FOR

 

SB0056LRB102 04002 LNS 14018 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 Section 20 as follows:
 
6    (740 ILCS 14/20)
7    Sec. 20. Right of action. Any person aggrieved by a
8violation of this Act shall have a right of action in a State
9circuit court or as a supplemental claim in federal district
10court against an offending party, which shall be commenced
11within one year after the cause of action accrued if, prior to
12initiating any action against a private entity, the aggrieved
13person provides a private entity 30 days' written notice
14identifying the specific provisions of this Act the aggrieved
15person alleges have been or are being violated. If, within the
1630 days, the private entity actually cures the noticed
17violation and provides the aggrieved person an express written
18statement that the violation has been cured and that no
19further violations shall occur, no action for individual
20statutory damages or class-wide statutory damages may be
21initiated against the private entity. If a private entity
22continues to violate this Act in breach of the express written
23statement provided to the aggrieved person under this Section,

 

 

SB0056- 2 -LRB102 04002 LNS 14018 b

1the aggrieved person may initiate an action against the
2private entity to enforce the written statement and may pursue
3statutory damages for each breach of the express written
4statement and any other violation that postdates the written
5statement. A prevailing party in any such action may recover
6for each violation:
7        (1) against a private entity that negligently violates
8    a provision of this Act, liquidated damages of $1,000 or
9    actual damages, whichever is greater;
10        (2) against a private entity that willfully
11    intentionally or recklessly violates a provision of this
12    Act, actual damages plus liquidated damages up to the
13    amount of actual damages of $5,000 or actual damages,
14    whichever is greater;
15        (3) reasonable attorneys' fees and costs, including
16    expert witness fees and other litigation expenses; and
17        (4) other relief, including an injunction, as the
18    State or federal court may deem appropriate.
19(Source: P.A. 95-994, eff. 10-3-08.)