On Aug. 2, Illinois Gov. J.B. Pritzker signed Senate Bill 2979, which amends the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (BIPA). The bill, which passed both the Illinois House and Senate by an overwhelming majority, confirms that a private entity that more than once collects or discloses the same biometric identifier or biometric information from the same person via the same method of collection in violation of the BIPA has committed a single violation for which an aggrieved person is entitled to, at most, one recovery. SB 2979 adds the following clarifying language to Section 20 of the BIPA, which is the section of the statute that identifies the damages a prevailing party can recover under the BIPA:
“(b) For purposes of subsection (b) of Section 15, a private entity that, in more than one instance, collects, captures, purchases, receives through trade, or otherwise obtains the same biometric identifier or biometric information from the same person using the same method of collection in violation of subsection (b) of Section 15 has committed a single violation of subsection (b) of Section 15 for which the aggrieved person is entitled to, at most, one recovery under this Section.
“(c) For purposes of subsection (d) of Section 15, 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...
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