HB3199 - BIPA-VARIOUS

1 Co-Sponsor

Amends the Biometric Information Privacy Act. Changes the term "written release" to "written consent". Allows written consent to be obtained by electronic means. Provides that a person aggrieved by a violation of the act may only commence an action after the aggrieved person provides a private entity 15 days' written notice identifying the specific provisions of the Act the aggrieved person alleges have been or are being violated. Provides that if, within the 15 days, the private entity actually cures the noticed violation and provides the aggrieved person an express written statement that the violation has been cured and that no further violations shall occur, no action for individual statutory damages or class-wide statutory damages may be initiated against the private entity. Provides that if a private entity continues to violate the Act in breach of the express written statement provided to the aggrieved person, the aggrieved person may initiate an action against the private entity to enforce the written statement and may pursue statutory damages for each breach of the express written statement and any other violation that postdates the written statement. Removes language providing that a prevailing party may recover for each violation of the Act. Requires the Department of Labor to include reference to any employer requirements under the Act in materials that the Department is required by law to provide employers in the State. Makes conforming changes.