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The state of Illinois has recently modified its Biometric Information Privacy Act (BIPA), significantly reducing the financial repercussions for businesses that wrongfully collect or exploit biometric identifiers, such as facial images, fingerprints, iris scans, and voice samples.
The original legislation enacted in 2008 mandated that organizations must secure explicit written consent before capturing or utilizing biometric information. It also permitted individuals to take legal action for damages amounting to $1,000 per negligent breach and $5,000 for each intentional or reckless infraction. However, a recent amendment—passed on Friday—modifies this framework by stipulating that multiple infringements related to an individual’s biometric data will now be classified as a singular violation.
This new amendment, which gained approval from the Illinois Legislature in May and was signed into law by Governor J.B. Pritzker on August 2nd, clarifies that if a private entity repeatedly collects or disseminates an individual’s biometric identifier unlawfully under the Act from the same person, this will constitute only one offense. Consequently, affected individuals are entitled to seek recuperation only once for such violations.
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