Biometric Information Privacy Act
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.
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The Biometric Information Privacy Act (BIPA) contains a private right of action. The act has led to lawsuits in both 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. Many analysts predict that Illinois will become the center of a new wave of high-dollar class actions.
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