US Illinois BIPA

The Biometric Information Privacy Act (BIPA), an initiative spearheaded by the ACLU of Illinois, was unanimously approved by the Illinois legislature in 2008. BIPA creates guidelines to protect the privacy and security of Illinois residents.

BIPA prohibits any private entity from selling or leasing, trading, or otherwise profiting from an individual’s or customer’s biometric information or identifiers, in addition to its notice and consent requirements. Retina or iris scans, fingerprints, voice prints, hand scans, facial geometry, DNA, and other biological information are examples of biometric identifiers.

The consumer or his/her legally authorized representative must consent to the collection, storage, and usage of the biometric information or identifier through a written release which must be collected and documented by the private entity.

The consumers should also be informed in writing through a notice stating the purpose for which the biometric information or identifier is being collected and for what length of time it shall be retained. The BIPA remains the most stringent biometric privacy law in the US and also provides consumers with protection by enabling them to sue businesses that violate it in court.