Biometric Information Privacy Act (BIPA)

The Biometric Information Privacy Act (BIPA) is a landmark piece of legislation that was enacted in Illinois in 2008. It is one of the most stringent and comprehensive U.S. laws regarding the collection, use, and storage of biometric data. BIPA was designed to protect individuals' privacy by regulating how companies handle biometric information, which includes fingerprints, iris scans, and facial recognition data. The law aims to ensure that this highly sensitive information is collected and used responsibly and transparently.

Under BIPA, companies are required to obtain written consent from individuals before collecting their biometric data. This consent must be informed, meaning that individuals must be clearly informed about the purpose of the data collection, the specific type of biometric data being collected, and the length of time the data will be stored. Additionally, companies must develop a publicly available written policy that outlines their retention schedule and guidelines for permanently destroying biometric data when it is no longer needed. This policy must be made available to the public, ensuring transparency and accountability.

BIPA also imposes strict penalties for non-compliance, which has made it a powerful tool for individuals seeking to protect their biometric data. Companies that violate BIPA can face significant fines, including statutory damages of $1,000 for each negligent violation and $5,000 for each intentional or reckless violation. Individuals also have the right to sue for damages, which has led to numerous high-profile lawsuits against companies that have been accused of mishandling biometric data. These legal actions have not only resulted in substantial financial penalties but have also raised public awareness about the importance of biometric data privacy.

The impact of the Biometric Information Privacy Act (BIPA) extends beyond Illinois, as it has influenced the development of similar laws in other states and has set a precedent for biometric data protection. For example, Texas and Washington have enacted their own biometric data protection laws, and other states are considering similar legislation. BIPA has also influenced the way companies approach biometric data collection and use, even in jurisdictions where such laws do not exist. Many companies now adopt BIPA-compliant practices to avoid potential legal issues and to demonstrate their commitment to data privacy and security.