Clark Kaericher | Vice President, Government Affairs | 217-522-5512 ext. 296



March 6, 2020

The Technology Council seeks to aggressively and proactively promote the interests of the Illinois technology community by advocating for public policy that fosters innovation and promotes economic growth. The Council will seek to promote workforce development policies, advocate for world-class technology infrastructure, avoid overregulation on the industry and support innovators access to the capital they need to grow.
Good morning. With the forecast expected to hit the 60s, it finally feels like Spring in Springfield. The General Assembly is on break next week. Session will resume on March 18th, one day after the Illinois Primary Election. Illinois Chamber Day is also on March 18th, and I look forward to seeing many of you there.

Committee Updates

The third time was not a charm for the House Cybersecurity Committee as it canceled late last week. Rep. Buckner's Right to Know Act ( HB 2736) was posted for a hearing in the committee.
The Senate Telecommunications & Info Technology committee has not yet scheduled a meeting this year.

Other Legislative Updates 

There were several significant bill assignments to committees this week. The Chamber's BIPA proposals were assigned to the Judiciary Committee. The Chamber will continue to push for a hearing on this vital issue to Illinois' businesses. The following three BIPA bills were assigned to Judiciary:

SB 3591 (Barickman)- - Amends the Biometric Information Privacy Act. Deletes language that a prevailing party may recover damages against a private entity that negligently violates the Act for each violation of the Act. Provides instead that a prevailing party may recover liquidated damages of $1,000 or actual damages, whichever is greater, and that such damages for a negligent violation by a private entity shall be recovered only for a single collection of each aggrieved party's biometric identifier or biometric information.

SB 3592 (Barickman)- Amends the Biometric Information Privacy Act. Changes the term of "written release" to "written consent". Provides that the written policy that is developed by a private entity in possession of biometric identifiers shall be made available to the person from whom biometric information is to be collected or was collected (rather than to the public). Deletes a provision regarding a right of action. Provides instead that any violation that results from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes is subject to the enforcement authority of the Department of Labor. Provides that an employee or former employee may file a complaint with the Department a violation by submitting a signed, completed complaint form. Provides that all complaints shall be filed with the Department within one year from the date of the violation. Provides that any other violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act, with enforcement by the Attorney General or the appropriate State's Attorney. Provides that the Act does not apply to a private entity if the private entity's employees are covered by a collective bargaining agreement that provides for different policies regarding the retention, collection, disclosure, and destruction of biometric information.

SB 3593 (Barickman)- Amends the Biometric Information Privacy Act. Changes the term of "written release" to "written consent". Provides that the written policy that is developed by a private entity in possession of biometric identifiers shall be made available to the person from whom biometric information is to be collected or was collected (rather than to the public). Deletes a provision regarding a right of action. Provides instead that any violation that results from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes is subject to the enforcement authority of the Department of Labor. Provides that an employee or former employee may file a complaint with the Department a violation by submitting a signed, completed complaint form. Provides that all complaints shall be filed with the Department within one year from the date of the violation. Provides that any other violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act, with enforcement by the Attorney General or the appropriate State's Attorney. Provides that the Act does not apply to a private entity if the private entity's employees are covered by a collective bargaining agreement that provides for different policies regarding the retention, collection, disclosure, and destruction of biometric information. Makes other changes.

Further, Representative Burke's HB 5288 was assigned to the House Cybersecurity committee. This bill is considered more industry-friendly that other data privacy bills.
HB 5288 (Burke) - Creates the Data Privacy Act. Provides for the regulation of the use and sale of data. Defines terms. Establishes consumer rights to copies of information held by persons who control and process data. Provides for the correction of inaccurate data. Provides for restrictions on the use of personal data. Provides for the enforcement of the Act by the Attorney General. Provides civil penalties. Preempts home rule and provides that the regulation of data use and privacy are exclusive powers and functions of the State. Creates the Consumer Privacy Fund as a special fund in the State treasury.
As always, we value your input into these or any other bills.

Articles of Interest 


Illinois Courts Seeking Tech Upgrade:  https://bit.ly/3aKn2Uz



The Big Ten Tournament tips of this week in Indianapolis. My bet is on Maryland. Who do you have? 

Until next time,  
 
Clark  

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