The Illinois Biometric Information Privacy Act
Chicago partner Justin O. Kay authored “The Illinois Biometric Information Privacy Act” as the lead article for the Thought Leadership section of ACC Chicago’s website.
Influenced by the rise and fall of Pay By Touch (a company that in the early 2000s promised to revolutionize payment processing through the use of biometric information), the Illinois Biometric Information Privacy Act (BIPA) was the first state legislation to address the collection, use, and retention of consumers’ biometric information.
Justin provides an overview of the legislation (including how it defines terms such as “biometric information” and “biometric identifiers”); examines what the law prohibits and permits in terms of collecting, safeguarding, and disseminating such information; and discusses how plaintiffs’ attorneys are utilizing BIPA (and its private right of action and statutory damages provision) to bring class action suits against a variety of companies. The article concludes with some essentials for complying with BIPA.
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