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Illinois amends BIPA to limit damages

Illinois has amended its biometric privacy law so that repeated collection of the same biometric data counts as a single violation.

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)

Need help understanding what this change means for your organisation? Get in touch for a pragmatic, no-obligation conversation.

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