Illinois bill aims at eliminating BIPA (Biometric Information Privacy Act)’s private right of action

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On February 25, 2019, an Illinois Senator introduced SB2134 to amend the Biometric Information Privacy Act (740 ILCS 14/1 et seq., BIPA) creating a  private right of action. The bill is currently in Committee.

The majority of BIPA claims have been brought against businesses as class actions seeking statutory damages.

 

Synopsis

Amends the Biometric Information Privacy Act. Deletes language creating a private right of action. Provides instead that any violation that results from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes is subject to the enforcement authority of the Department of Labor. Provides that an employee or former employee may file a complaint with the Department alleging a violation, within one year from the date of the violation, by submitting a signed, completed complaint form. Provides that any violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act and may be enforced by the Attorney General. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.

 

More on SB2134 is available at http://ilga.gov…

 

More on BIPA is available at https://www.technethics.com…

 

More on privacy issues in biometric is available at http://www.technethics.com…

 

 

For more information on how privacy to implement privacy policies in your business, contact Francesca Giannoni-Crystal. Thanks to Federica Romanelli.