Time: 2024-08-21
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.
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.
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.