Illinois House Bill 3112 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on February 18 2021 - 25% progression, died in committee
Action: 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee
Pending: House Rules Committee
Text: Latest bill text (Introduced) [HTML]

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.

BIPA-VIOLATION-RIGHT OF ACTION

Rep. Eva Dina Delgado [D]

Date	Chamber	Action
2021-03-27	House	Rule 19(a) / Re-referred to Rules Committee
2021-03-23	House	To Civil Procedure & Tort Liability Subcommittee
2021-03-16	House	Assigned to Judiciary - Civil Committee
2021-02-19	House	Referred to Rules Committee
2021-02-19	House	First Reading
2021-02-18	House	Filed with the Clerk by Rep. Eva-Dina Delgado

Chapter	Article	Section	Citation Type	Statute Text
740	14	10	Amended Code	Citation Text
740	14	20	Amended Code	Citation Text
740	14	25	Amended Code	Citation Text
740	14	27	New Code	See Bill Text
740	14	5	Amended Code	Citation Text
815	505	2Z	Amended Code	Citation Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3112&GAID=16&DocTypeID=HB&SessionID=110&GA=102
Text	https://www.ilga.gov/legislation/102/HB/10200HB3112.htm