As the overall use of biometric data increases, many states have begun to regulate the collection, storage, and disclosure of biometric data. Illinois’s Biometric Information Privacy Act (BIPA) is one state law that successfully addresses these practices. In 2008, the Illinois BIPA was signed into law, and it was designed to address the growing use of biometric identification technology: fingerprint or hand-print identification, retina scans, facial recognition technology, voice analysis or voice-prints, and various medical measurements.

Under BIPA in Illinois, businesses and employers must comply with specific notice and consent requirements before they collect, store, and use biometric data.  Moreover, these businesses and employers must create public data retention policies and take proactive steps to protect and restrict the disclosure of biometric data.

Illinoisans have the right to sue private parties for violations of the act and to collect the greater of $1,000 or actual damages for each violation negligently committed, and the greater of $5,000 or actual damages for each violation recklessly or intentionally committed. Plaintiffs can also collect attorneys’ fees and costs under the BIPA.