In an increasingly digital world, your unique biological characteristics—your fingerprints, your facial geometry, your voice—are becoming a new form of currency. Companies are using this “biometric data” for everything from unlocking your phone to tracking your work hours. But what happens when they collect this deeply personal information without your consent? In Illinois, you have powerful legal recourse.
Illinois is a trailblazer in the fight for digital privacy, thanks to its groundbreaking Biometric Information Privacy Act (BIPA). This landmark law puts consumers and employees in control of their own biometric data. At Saltz, Mongeluzzi, & Bendesky, our Illinois class action attorneys are at the forefront of BIPA litigation, helping residents hold companies accountable for violating their privacy rights.
What is the Biometric Information Privacy Act (BIPA)?
Enacted in 2008, BIPA was created to regulate how private companies collect, use, and store biometric information. The law recognizes that unlike a password or a credit card number, your biometric data is unique and cannot be changed if it is compromised. Therefore, it requires companies to handle this information with the utmost care.
BIPA protects “biometric identifiers,” which include:
- Retina or iris scans
- Fingerprints
- Voiceprints
- Scans of hand or face geometry
What Does BIPA Require Companies to Do?
BIPA sets out strict rules for any company doing business in Illinois that collects biometric data. The core requirements include:
- Informed Consent: A company must inform you in writing that they are collecting your biometric data and explain the specific purpose and length of time for which it will be used. They must then obtain your written consent before collecting the data.
- Publicly Available Policy: Companies must develop and publish a written policy that establishes a retention schedule and guidelines for permanently destroying the information.
- Data Security: They must store, transmit, and protect biometric data using a reasonable standard of care.
- Prohibition on Profiteering: BIPA makes it illegal for companies to sell, lease, trade, or otherwise profit from your biometric information.
Your Right to Sue: Statutory Damages Under BIPA
What makes BIPA one of the most powerful privacy laws in the country is its “private right of action.” This means that any individual whose BIPA rights have been violated can file a lawsuit. You do not need to prove that you suffered any actual financial harm to have a claim.
The law allows for statutory damages:
- $1,000 for each negligent violation.
- $5,000 for each intentional or reckless violation.
When a company violates the BIPA rights of thousands of employees or customers in the same way, these damages can add up quickly in a class action lawsuit. This has led to major settlements against some of the world’s largest tech companies, providing significant compensation to Illinois residents.
Are Your BIPA Rights Being Violated?
BIPA violations are surprisingly common, especially in the workplace. Many employers use fingerprint scanners for timekeeping or facial recognition for security. If your employer began collecting your biometric data without first obtaining your written consent, they may be in violation of the law.
Other common BIPA cases involve:
- Social media photo tagging features.
- Virtual “try-on” tools for glasses or makeup.
- Security cameras that use facial recognition technology.
Take a Stand for Your Privacy Rights in Illinois
Your biometric information is yours and yours alone. You have the right to control how it is used and stored. If you believe a company has collected your fingerprint, facial scan, or other biometric data without your consent, you may be entitled to significant compensation.
The experienced Illinois BIPA attorneys at Saltz, Mongeluzzi, & Bendesky are leaders in this complex and evolving area of law. We have the resources and expertise to take on major corporations and fight for your privacy.
Contact Saltz, Mongeluzzi, & Bendesky for more Info
Contact us today for a free, confidential consultation. We will review the facts of your case and help you understand your legal options for joining a BIPA class action lawsuit.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. The information contained herein is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act or refrain from acting based on this information without seeking professional legal counsel.