SPRINGFIELD, IL – Illinois has recently amended its Biometric Information Privacy Act (BIPA), essentially reducing the financial risks for companies that mishandle biometric data such as eye scans, fingerprints, and facial recognition information. The changes, signed into law by Governor J.B. Pritzker on August 2, followed a growing trend of legal adjustments aimed at balancing consumer privacy rights with corporate concerns.
Key Changes to BIPA
Originally passed in 2008, BIPA was one of the first laws in the United States to establish strict guidelines for the collection, storage, and use of biometric data. The law required companies to obtain written consent before collecting biometric information and allowed individuals to sue for damages if their data was mishandled. Previously, victims could seek $1,000 for each negligent violation and $5,000 for each intentional or reckless violation.
However, the recent amendment dramatically alters this infrastructure. Under the new rules, multiple violations involving the same person’s biometric data will now be treated as a single infraction. This change effectively limits the potential damages a company might face, even if it repeatedly mishandles an individual’s biometric information.
Impact on Legal Liability
This amendment overturns a 2023 Illinois Supreme Court ruling that held companies accountable for each instance of biometric data misuse. The ruling had stemmed from a class-action lawsuit against White Castle, where an employee accused
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