BIPA Reform Bill Introduced in Illinois Senate 

May 19, 2023

Today the Illinois Senate submitted a BIPA reform bill as part of HB3811, which we are hearing is likely to pass. While HB3811 provides for a single damages recovery for purported BIPA violations (addressing “per scan” damages issues), it also increases potential liquidated damages for negligent violations to $1,500 and appears to allow potential “per section” damages for proven violations of BIPA sections 15(b) and 15(d). In a press conference following the Illinois Senate’s submission of HB3811, multiple trade organizations and the Chicago and Illinois Chambers of Commerce characterized it as insufficient reform and deemed it unfavorable for Illinois businesses. The associations noted that potential negligence damages would increase by 50% and expressed concerns about the electronic signature provisions. We are continuing to monitor these legislative developments and will advise you if a final bill is passed. The Illinois legislative session is scheduled to end next Tuesday.

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Melissa Siebert

Chair, Emerging Data Privacy Trends

(312) 474-4491

Erin Bolan Hines

Vice Chair, Emerging Data Privacy Trends

(312) 474-4490

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