The Illinois Biometric Information Privacy Act
("BIPA") went into effect in 2008 and has been a steady
source of litigation ever since. BIPA regulates how "private
entities" collect, use and share biometric data and imposes
certain security requirements. The stated intent of BIPA was to
address the heightened risk of identity theft associated with the
processing of biometric data. The legislature's findings state
that, "unlike other unique identifiers that are used to
access finances or other sensitive information," when
biologically unique data is compromised, "the individual
has no recourse" because the individual cannot change
these identifiers. See our analysis
here summarizing the obligations BIPA imposes, the current
state of BIPA litigation, and what steps businesses can take to
reduce litigation risks.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
Gloss