Bill Status of SB0300 102nd General Assembly
Short Description: BIPA-RIGHT OF ACTION
Sen. Jason A. Barickman
| 4/16/2021||Senate||Rule 3-9(a) / Re-referred to Assignments|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Biometric Information Privacy Act. Changes the definitions of "biometric information" and "written consent". Provides that a right of action 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 the Act the aggrieved person alleges have been or are being violated. Provides that if within the 30 days the private entity cures the noticed violation as to the person providing notice and provides the person providing notice an express written statement that the violations have been cured and that no further violations shall occur, no action for damages of any kind may be initiated by the person providing notice against the private entity. Provides that if a private entity continues to violate the Act in breach of the express written statement, 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, as well as any other violation of the Act that postdates the written statement. Provides that a prevailing party may recover: against a private entity that negligently violates the Act, actual damages (rather than liquidated damages of $1,000 or actual damages); or against a private entity that willfully (rather than intentionally or recklessly) violates the Act, actual damages plus liquidated damages up to the amount of actual damages (rather than liquidated damages of $5,000 or actual damages). Add language governing: when certain claims accrue; limitations regarding the collection and use of biometric information to detect or contain the spread of COVID-19; and construction of the Act. Makes other changes.