Bill Status of HB3112 102nd General Assembly
Short Description: BIPA-VIOLATION-RIGHT OF ACTION
Rep. Eva-Dina Delgado
| 1/10/2023||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Biometric Information Privacy Act. Makes a change in a Section concerning legislative findings and intent. Defines "actual harm" as a realized or actual identity theft, realized or actual loss, or a realized or actual injury. Changes the definitions of "biometric identifier", "biometric information", and "private entity". Provides that an alleged violation of the Act that has not resulted in actual harm is a violation of the Consumer Fraud and Deceptive Business Practices Act and solely subject to investigation and enforcement by the Attorney General. Provides that a person who has suffered actual harm (instead of aggrieved) by a violation of the Act shall have a right of action against an offending party. Provides that a prevailing party in an action brought as a result of actual harm may only recover for the initial (rather than each) violation of the Act. Provides that recovery against a private entity that negligently violates a provision of the Act may result in liquidated damages of $250 (rather than $1,000) or actual damages, whichever is greater. Provides that recovery against a private entity that intentionally or recklessly violates the Act may result in liquidated damages of $500 (rather than $5,000) or actual damages, whichever is greater. Provides that an action may not be brought later than one year from the violation date, if no actual harm occurred; or 3 years from the violation date, if actual harm has occurred. Provides that nothing in the Act shall be construed to apply to certain employees under the Day and Temporary Labor Services Act. Provides that the changes made to the Act apply retroactively to October 3, 2008. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act.