Illinois Tightens Biometric Data Regulations

In a significant shift for Illinois' biometric privacy laws, Governor J.B. Pritzker recently signed an amendment to the Illinois Biometric Information Privacy Act (“BIPA”) — the first such update since the law's original passage in 2008. This change, which comes after years of contentious litigation and calls for reform, significantly alters the landscape for companies collecting, storing, and sharing biometric information. By addressing key issues related to consent, damages, and litigation risks, the amendment represents a win for businesses that utilize biometric data, while simultaneously aiming to clarify BIPA’s provisions for consumers and courts alike. BIPA was groundbreaking when it was passed, establishing some of the most stringent biometric data privacy rules in the country. The law was designed to protect individuals from the potential misuse of their biometric data — such as fingerprints, facial recognition data, or iris scans — by imposing strict requirements for how companies must handle such sensitive information. Under BIPA, companies are required to obtain informed consent before collecting biometric data, and they must have written policies in place for storage and destruction.