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AI Summary
HB3199 amends the Biometric Information Privacy Act, changing 'written release' to 'written consent' and introducing a 15-day notice period for violations.
Business Impact
If you handle biometric data, ensure compliance with consent and notice requirements to avoid legal action.
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
Topics How we classify →
What This Means
HB3199 proposes amendments to the Biometric Information Privacy Act, affecting entities handling biometric data by changing consent requirements and introducing a notice period for alleged violations.
Key Provisions
- Changes 'written release' to 'written consent' (740 ILCS 14/10)
- Allows electronic means for obtaining written consent (740 ILCS 14/15)
- Requires 15 days' notice for alleged violations before legal action (740 ILCS 14/20)
- Prevents action if violations are cured within notice period (740 ILCS 14/20)
- Removes recovery for each violation by the prevailing party (740 ILCS 14/20)
- Mandates Department of Labor to inform employers of requirements (740 ILCS 14/21)
Latest Legislative Action
Rule 19(a) / Re-referred to Rules Committee
Bill Sponsors
| Name | Role | District |
|---|---|---|
| Jeff Keicher R | Sponsor | HD-070 |
Compliance Checklist
Obtain written consent for biometric data collection
Who: Businesses collecting biometric data
Penalty: Potential legal action for non-compliance
Who: Businesses collecting biometric data
Penalty: Potential legal action for non-compliance
Provide 15 days' notice for any alleged violations
Who: Aggrieved individuals
Penalty: Legal action may be pursued if not followed
Who: Aggrieved individuals
Penalty: Legal action may be pursued if not followed
Related & Companion Bills
Full Legal Analysis
HB3199 amends the Biometric Information Privacy Act by changing the term 'written release' to 'written consent' and allowing this consent to be obtained electronically. The bill introduces a requirement for aggrieved individuals to provide a private entity with 15 days' written notice of alleged violations before commencing legal action. If the private entity cures the violation within this period and provides a written statement confirming the cure and committing to no further violations, the aggrieved party cannot pursue statutory damages. However, if the entity breaches this statement, the aggrieved party may seek damages for each breach and any subsequent violations. The bill also removes language allowing recovery for each violation and mandates the Department of Labor to include employer requirements under the Act in its materials. These changes aim to streamline compliance and reduce litigation risks.
Official Source
Official Bill Text
View HB3199 on official legislature website →
Related Topics
Affected Industries
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