Biometric Information Privacy Act Amendment: Market Insight and Compliance Strategies

Overview of the Illinois Biometric Information Privacy Act Amendment

The landscape of biometric privacy in Illinois is undergoing a significant transformation with the recent amendment to the Illinois Biometric Information Privacy Act ( BIPA ) . On August 4 , 2024 , Governor JB Pritzker signed S.B. 2979 into law , introducing a crucial modification that could have far - reaching implications for businesses and the ongoing wave of biometric privacy litigation.

The Background of BIPA and Its Impact on Businesses

BIPA , enacted in 2008 , is one of the most stringent biometric privacy laws in the United States , requiring private entities to obtain informed consent before collecting biometric identifiers . The law also mandates that companies inform individuals about the specific purpose and duration for which their biometric data will be used and stored . A defining feature of BIPA is its private right of action , allowing individuals to sue companies directly if they believe their biometric data has been mishandled , leading to a surge in class - action lawsuits and potential multimillion - dollar claims.

The newly signed amendment redefines how violations related to the repeated collection of biometric data are counted , considering multiple instances of collecting the same biometric data as a single violation . This change aims to reduce the financial exposure of businesses facing BIPA lawsuits , potentially slowing the flood of litigation in Illinois courts . However , it may also lead to new legal challenges and interpretations that reshape the litigation landscape.

Implications of the Amendment on Litigation Trends and Compliance

The amendment is likely to impact litigation trends , with businesses feeling more confident in negotiating settlements or defending themselves in court due to reduced potential damages . Plaintiffs attorneys may adjust their strategies to focus on cases involving multiple types of biometric data or different violations of BIPA to secure higher damages . The amendment may also influence legislative efforts in other states considering similar biometric privacy laws , potentially leading to a more standardized framework nationwide.

In light of this change , businesses operating in Illinois or handling biometric data should revisit their compliance strategies , ensuring strict adherence to BIPA requirements . Staying informed about ongoing legal developments and consulting with legal counsel specializing in privacy law is crucial to navigating the evolving landscape of biometric privacy litigation . As businesses adapt to the amendment and its implications , proactive compliance efforts will be key to managing risks and opportunities presented by this significant change in the law.