On May 16, 2024, Senate Bill 2979 amending the Biometric Information Privacy Act passed its third reading in the Illinois House of Representatives, following its passage, on April 11, 2024, by the Illinois State Senate. The bill must now be sent to the Governor of Illinois for signature.

What are the main provisions of the bill?

The bill adds to the Biometric Information Privacy Act (BIPA) the concept of 'electronic signature,' defined as an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The bill provides that an electronic signature is a method for providing written consent.

Additionally, the bill provides that if a private entity violates requirements for collecting, capturing, purchasing, receiving through trade, or otherwise obtaining the same biometric identifier or biometric information from the same person using the same method of collection in more than one instance, it is considered to have committed a single violation for which the aggrieved person is entitled to, at most, one recovery.

The bill also stipulates that a private entity that, in more than one instance, discloses, rediscloses, or otherwise disseminates the same biometric identifier or biometric information from the same person to the same recipient using the same method of collection in violation of Section 15(d) of BIPA, that entity has committed a single violation for which the aggrieved person is entitled to a private right of action.

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

Update: June 26, 2024

Bill sent to Governor

On June 14, 2024, the bill was sent to the Governor of Illinois.

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