Biometrics beware – Compliance and the Biometric Information Privacy Act
In light of the rising tide of costly class action lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), companies that use biometrics—even, in some cases, companies outside of Illinois that do not themselves collect biometric information—should be become familiar with this statute’s strict requirements.
• Even photographs, when used for security purposes like automated facial recognition, may trigger BIPA under certain circumstances.
• BIPA imposes several important requirements relating to consent to collect, store, and use biometric data, as well as destruction and retention requirements—and failure to comply, even without a showing of harm, can result in costly litigation.
• BIPA is thus far the only biometrics statute to provide a private right of action and allow for recovery of potentially staggering liquidated damages and attorneys’ fees. But it is not the only biometrics law on the books, and more states are considering biometrics statutes that would open the door to class action lawsuits.
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