On March 5, 2024, House Bill 4686 providing amendments to the Biometric Information Privacy Act was assigned to the Illinois House of Representatives Judiciary Committee. In particular, on February 6, 2024, the bill was read for the first time in the House after being introduced on February 1, 2024.

Specifically, the bill amends the definition of 'biometric information' to read: 'Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers, including information derived from biometric information that cannot be used to recreate the original biometric identifier.'

In addition, the bill outlines amendments to the private right of action in the Biometric Information Privacy Act (BIPA). Specifically, the bill provides that any person aggrieved a violation of BIPA shall have a private right of action in a state circuit court or as a supplemental claim in federal district court against an offending party, which shall be commenced within one year after the cause of action accrued if, prior to initiating any action against a private entity, the aggrieved person provides a private entity with 30 days written notice identifying the specific provisions of the bill the aggrieved person alleges have been or are being violated.

If, within 30 days, the private entity 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. If a private entity continues to violate the bill 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.

You can read the bill here and track its progress here.

Update: March 20, 2024

Bill sent to Subcommittee

On March 13, 2024, the bill was sent to the Civil Procedure and Tort Liability Subcommittee in the House of Representatives.

You can read the bill here and track its progress here.

Update: April 23, 2024

Bill re-referred to Rules Committee

On April 5, 2024, the bill was re-referred to the Rules Committee in the House.

You can read the bill here and track its progress here.