101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3776

 

Introduced 2/14/2020, by Sen. Bill Cunningham

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 14/20

    Amends the Biometric Information Privacy Act. Provides that a prevailing party may only recover liquidated damages of $1,000 or actual damages, whichever is greater, for negligent violation of the Act against a private entity offending party that is not a current or former employer of the prevailing party. Provides that a prevailing party may only recover actual damages against a private entity offending party that is the current or former employer of the prevailing party and that negligently violates the Act.


LRB101 18433 LNS 67881 b

 

 

A BILL FOR

 

SB3776LRB101 18433 LNS 67881 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 amended
5by 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. A prevailing party may
11recover for each violation:
12        (1) against a private entity offending party that is
13    not a current or former employer of the prevailing party
14    and that negligently violates a provision of this Act,
15    liquidated damages of $1,000 or actual damages, whichever
16    is greater;
17        (1.5) against a private entity offending party that is
18    the current or former employer of the prevailing party and
19    that negligently violates a provision of this Act, actual
20    damages;
21        (2) against a private entity that intentionally or
22    recklessly violates a provision of this Act, liquidated
23    damages of $5,000 or actual damages, whichever is greater;

 

 

SB3776- 2 -LRB101 18433 LNS 67881 b

1        (3) reasonable attorneys' fees and costs, including
2    expert witness fees and other litigation expenses; and
3        (4) other relief, including an injunction, as the State
4    or federal court may deem appropriate.
5(Source: P.A. 95-994, eff. 10-3-08.)