Illinois Biometric Privacy Law: Major Amendment Enacted

"A game-changing amendment to Illinois' biometric privacy law is now officially on the books. On August 2, 2024, Illinois Governor JB Pritzker signed into law S.B. 2979, a significant amendment to the Illinois Biometric Information Privacy Act (BIPA).

The new law specifies that multiple instances of collecting the same biometric identifier from the same person using the same method in violation of BIPA's notice and consent requirements will now count as a single violation.

The amendment aims to reduce the potential liability for businesses under BIPA by ensuring that each aggrieved person is entitled to, at most, one recovery for a single collective violation.

Previously, companies could face substantial penalties for each instance of biometric data collection without proper consent. For example, an employer using a biometric timekeeping system without the required notice and consent could be liable for a violation each time an employee used the system. Under the amended law, the employer would only be liable for one violation, significantly reducing the financial risk.

The change is expected to decrease the incentive for plaintiffs to file multiple suits under BIPA.

The amendment overturns the Illinois Supreme Court's decision in Cothron v. White Castle Systems, Inc. In that case, the court ruled that a new claim accrued with each scan or transmission of biometric data without informed consent, leading to potentially excessive damage awards.

Importantly, the amendment also allows for electronic consent, defining an electronic signature as an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. This clarification means that online"

"Q: What is the Biometric Information Privacy Act (BIPA)?

A: The Biometric Information Privacy Act (BIPA) is a law passed in Illinois that regulates the collection, use, and storage of biometric data, such as fingerprints, facial recognition, and iris scans.

Q: What changes were made to BIPA in the recent amendment?

A: The recent amendment to BIPA specifies that multiple instances of collecting the same biometric identifier from the same person using the same method in violation of BIPA's notice and consent requirements will now count as a single violation.

Q: How does the amendment affect businesses operating in Illinois?

A: The amendment provides relief to businesses by reducing the potential liability under BIPA and decreasing the incentive for plaintiffs to file multiple suits.

Q: Does the amendment allow for electronic consent?

A: Yes, the amendment defines an electronic signature as an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record, making online 'clickwrap' releases valid forms of consent under BIPA.

Q: When did the amendment go into effect?

A: The amendment went into effect immediately upon the governor's signature on August 2, 2024."