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.
  


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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;
 
 
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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.)