Biometrics Information Privacy Act

With the enaction of the Biometrics Information Privacy Act (“BIPA”), Illinois is one of the first states in the country to have a biometrics law. This law also helps to protect your privacy in biometrics.

Biometrics Information defined

What are biometrics? Biometrics refers to the automated recognition of individuals based on their unique biological or behavioral characteristics.  Biometrics acts as a security process that measures physical traits—like fingerprints or facial features—to authenticate identities. This technology offers a secure, convenient alternative to passwords by using “who you are” rather than “what you know”.

What is the Biometrics Information Privacy Act

The Biometrics Information Privacy Act is a game changer for privacy. The act mandates that companies do the following:

• Notice and Consent: Companies must inform individuals in writing about what data is collected, for what purpose, and for how long, and obtain written consent (or electronic signature) before collecting biometric data.
• Prohibitions: Companies cannot sell, lease, or trade biometric data and must maintain a publicly available retention schedule and destruction policy.
• Private Right of Action: Individuals can sue for violations, even without proving actual harm. Statutory damages are $1,000 per negligent violation and $5,000 per intentional/reckless violation, plus attorney fees.
• 2024 Amendments: Recent changes limit liability to a single violation for multiple collections of the same biometric data from one person and officially authorize electronic signatures for consent.
• Statute of Limitations: A uniform five-year statute of limitations applies to BIPA claims. 

BIPA part of Employment Claims

Many times a BIometrics Information Privacy Act claim is in addition to other employment claims. For example, sexual harassment, age discrimination or retaliation. I offer a free evaulation of employment claims including BIPA. Many attorneys will overlook a BIPA claim, I won’t.

Call To Action

It is up to you to remain vigilant in protecting your most valuable commodity. Your identity is your most valuable commodity. If your biometrics are misued, you can’t get them back. You can change a password, but you can’t change your fingerprint, gait or voice print. As AI and technology gets more sophisticated, you must work harder to protect yourself.

My office handles BIPA cases and holds employers accountable and responsible. Contact Peter today at 312-505-5038 to protect your privacy rights.