An amendment to the Illinois Biometric Information Privacy Act (BIPA), SB 2979, has today been signed into law, limiting the damages available in biometric privacy claims.
Key points
- Repeated collection or disclosure of the same person’s biometric data by the same method is now a single violation.
- This reverses the effect of the 2023 Cothron v. White Castle ruling, which allowed damages per scan.
- Written consent may now be given by electronic signature.
- Core consent, retention and security obligations are unchanged.
While exposure is reduced, BIPA remains a significant litigation risk. UK organisations using biometrics in Illinois should keep consent and retention processes robust.
Source: Illinois General Assembly: Public Act 103-0769 (SB 2979)
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