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AI Summary
HB1764 amends the Biometric Information Privacy Act, granting sole enforcement authority to the Attorney General and requiring actual harm for actions.
Business Impact
If you use biometric data for HR or security, you may be exempt from BIPA compliance immediately.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
What This Means
HB1764 amends Illinois' Biometric Information Privacy Act by allowing electronic consents, limiting enforcement to the Attorney General, and requiring actual harm for legal actions. It exempts employers using biometric data for specific purposes and repeals the private right of action.
Key Provisions
- Changes 'written release' to include electronic consents (740 ILCS 14/10).
- Grants sole enforcement authority to the Attorney General (740 ILCS 14/35 new).
- Requires actual harm for enforcement actions (740 ILCS 14/35 new).
- Exempts employers using biometric data for specified purposes (740 ILCS 14/40 new).
- Repeals the private right of action (740 ILCS 14/20 rep.).
Latest Legislative Action
House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee
Bill Sponsors
| Name | Role | District |
|---|---|---|
| Keith Wheeler R | Sponsor | HD-050 |
Amendments (1)
House Amendment 001
Pending
2021-03-19
Compliance Checklist
Obtain electronic consent for biometric data usage
Who: Businesses using biometric data
Penalty: Limited enforcement options if actual harm is not demonstrated.
Who: Businesses using biometric data
Penalty: Limited enforcement options if actual harm is not demonstrated.
Ensure compliance with specified purposes for biometric data usage
Who: Employers using biometric identifiers
Penalty: Potential legal scrutiny from the Attorney General.
Who: Employers using biometric identifiers
Penalty: Potential legal scrutiny from the Attorney General.
Related & Companion Bills
Full Legal Analysis
HB1764 introduces several amendments to the Biometric Information Privacy Act in Illinois. The bill modifies the definition of 'written release' to include electronic consents, thereby updating the consent process for biometric data usage. Enforcement of the Act is restricted solely to the Attorney General, eliminating the private right of action previously available to individuals. This change centralizes enforcement authority and limits legal recourse to actions initiated by the Attorney General. Additionally, the bill stipulates that legal actions can only be pursued if a violation results in actual harm, raising the threshold for claims. Employers are exempt from the Act if they use biometric identifiers and information for specific purposes such as recording work hours, security, and human resources functions. The bill takes effect immediately upon becoming law.
Official Source
Official Bill Text
View HB1764 on official legislature website →
Affected Industries
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