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Brendan Pierson: Illinois’ Newly Tamed Biometric Privacy Law Still Has Teeth

Extract from Brendan Pierson’s article, “Illinois’ Newly Tamed Biometric Privacy Law Still Has Teeth.”

Companies in Illinois continue to face risk from the state’s strict biometric privacy law as plaintiffs file new kinds of lawsuits, despite a 2024 amendment that reduced potential damages under the law and a recent court ruling that the amendment was retroactive.

Companies in Illinois continue to face risk from the state’s strict biometric privacy law as plaintiffs file new kinds of lawsuits, despite a 2024 amendment that reduced potential damages under the law and a recent court ruling that the amendment was retroactive.

Law.com Radar picked up a surge in class action lawsuits filed last month alleging violations of the Illinois Biometric Information Privacy Act (BIPA) against companies including Microsoft and Walmart.

The 2008 law requires companies to get individuals’ informed consent when they collect and use biometric data, like fingerprints or images of faces, which includes disclosing how that data will be used.

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