The Illinois statute requires written notice, written release, and a public retention policy before collecting biometric identifiers. It provides statutory damages of one thousand dollars for negligent violations and five thousand for reckless or intentional ones.
It is the most litigated biometric privacy statute.
Alternative Names:
BIPA|Illinois Biometric Privacy Act
Why it Matters?
The private right of action with per-violation statutory damages is what distinguishes BIPA from other privacy statutes, since no actual harm is required and aggregate exposure across an employee or customer population reaches figures unrelated to any demonstrated injury. Fingerprint timeclocks and facial recognition in retail settings generate the bulk of filings. Legislative amendment limiting per-scan accrual has changed the exposure calculation materially.
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Frequently asked questions
Why does BIPA generate so much litigation?
What conduct generates most filings?
