Recent Developments in Biometric Information Privacy Act Litigation
In 2008, the State of Illinois enacted the country’s most expansive law regarding the storage and maintenance of biometric data such as fingerprints and face scans. The Biometric Information Privacy Act (BIPA) contains a private right of action. The act has led to lawsuits in both Illinois state and federal district courts. With statutory damages of $1,000 for each negligent violation or $5,000 for each intentional or reckless violation, or actual damages, whichever is greater, the consequences of noncompliance can be significant. From high-profile brands like Facebook and Six Flags to employers, retailers, customer-facing businesses, and vendors of biometric technology, everyone needs to understand the scope and implications of this law, as many predict that Illinois will become the center of a new wave of high-dollar class actions.