The Illinois Biometric Information Protection Act (BIPA) was enacted to guide how businesses obtain and manage biometric identifiers, including fingerprints and facial recognition data.

Core Aspects of BIPA

• Informed Consent: A critical aspect of BIPA is that businesses are obliged to obtain explicit and informed consent from individuals before collecting or storing any biometric which can include electronic signatures. This ensures transparency and adherence to privacy standards.

• Data Protection Compliance: Companies are mandated to employ rigorous measures to protect and securely store biometric data, mitigating risks of data breaches or unauthorized access.

• Purpose Limitation: The use of biometric data is restricted to specific, identifiable purposes, which helps in safeguarding individual privacy rights.

• Damages: Potential damages are on a per violation basis, regardless of the number of biometric data captures, significantly reducing potential monetary payouts. According to BIPA, remedies include $1,000 or actual damages against a party that negligently violates the Act, or $5,000, or actual damages, for an international violation, plus attorney fees and costs and injunctive relief.

Business Implications

Considering possible damages and liability, it is urgent for organizations to adopt comprehensive best practices in data privacy and management. Companies must ensure that they have transparent data handling practices and robust systems for securing biometric data.

Adhering to BIPA and its revised standards is crucial not only to avoid legal challenges but also to enhance consumer trust and confidence. Organizations engaged with biometric data must continue to prioritize updating their privacy protocols and strategies in light of evolving legislative changes.