103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3204

 

Introduced 2/17/2023, by Rep. Tony M. McCombie

 

SYNOPSIS AS INTRODUCED:
 
740 ILCS 14/20

    Amends the Biometric Information Privacy Act. Requires an aggrieved person to commence an action for a violation of the Act within one year of (i) the date of the violation or (ii) the date on which the aggrieved person discovers the violation.


LRB103 30215 LNS 56643 b

 

 

A BILL FOR

 

HB3204LRB103 30215 LNS 56643 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.
8    (a) Any person aggrieved by a violation of this Act shall
9have a right of action in a State circuit court or as a
10supplemental claim in federal district court against an
11offending party. A prevailing party may recover for each
12violation:
13        (1) against a private entity that negligently violates
14    a provision of this Act, liquidated damages of $1,000 or
15    actual damages, whichever is greater;
16        (2) against a private entity that intentionally or
17    recklessly violates a provision of this Act, liquidated
18    damages of $5,000 or actual damages, whichever is greater;
19        (3) reasonable attorneys' fees and costs, including
20    expert witness fees and other litigation expenses; and
21        (4) other relief, including an injunction, as the
22    State or federal court may deem appropriate.
23    (b) An action brought under this Section shall be

 

 

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1commenced within one year of (i) the date of the violation or
2(ii) the date on which the aggrieved person discovers the
3violation.
4(Source: P.A. 95-994, eff. 10-3-08.)