BIPA-PROCEDURE-LIMIT DAMAGES
The proposed changes also establish safeguards for those who believe their biometric privacy rights have been violated by requiring a 30-day notice period before legal actions can commence against private entities. If the entity addresses the violation within this timeframe, the individual cannot initiate further legal claims for statutory damages, emphasizing a focus on remediation over litigation. Conversely, if the entity continues to breach the act following the notice, individuals may pursue statutory damages, notably with the potential for greater recovery amounts based on the nature of the violation.
House Bill 2252 aims to amend the Biometric Information Privacy Act (BIPA) by introducing several key changes designed to enhance the protection of individuals' biometric information. The bill modifies the terminology from 'written release' to 'written consent' and stipulates that the written policy governing the collection of biometric data must be made accessible only to the individuals from whom the data is collected, rather than being publicly available. This adjustment is intended to streamline the process for individuals and private entities in the handling and disclosure of biometric identifiers.
A point of contention surrounding HB2252 is its potential implications for private businesses engaged in biometric data collection. Critics argue that the changes may favor large corporations by providing avenues to evade accountability, particularly through the 'cure' provision that allows businesses to rectify violations and avoid legal claims. Additionally, the bill exempts entities that operate under collective bargaining agreements from certain regulations, which has raised concerns regarding consistency in the application of biometric laws across different sectors.
Overall, HB2252 reflects a growing awareness of the necessity to regulate biometric data carefully as its use increases across various industries. While the bill aims to fortify individual rights concerning privacy and consent, the implications for enforcement and accountability in the private sector remain to be fully seen, highlighting an ongoing debate about balancing innovation with individual rights.