The Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), approved on October 3, 2008, was the first law in the nation to address the collection and storage of biometric data. It provides requirements for private entities that collect, retain, and disclose the biometric data of other individuals. In general, these requirements include the development of, and compliance with, a publicly available policy for retention and destruction of biometric information; written disclosures to and written releases from persons whose biometric information is obtained; a ban on selling, leasing, trading or profiting from biometric information; a ban on disclosure of biometric information without the subject’s consent; and a requirement that biometric information be stored with reasonable care. Biometric information is information derived from “biometric identifiers,” which include a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.
If you believe your biometric information has been collected or disclosed in violation of BIPA, or if you are a private entity that is facing a dispute over BIPA, contact one of our experienced attorneys at [email protected] or (708) 576-1624 for a free consultation.