BIPA Law – Chicago, IL.
Biometric Information Privacy Act Lawyers
VIOLATIONS OF BIPA MAY ENTITLE YOU TO $1,000 FOR EACH VIOLATION
Illinois and some other states protect your Biometric Privacy by requiring certain disclosures and consent to use your Biometric information.
The Illinois Legislature has found that “[b]biometrics are unlike other unique identifiers that are used to access finances or other sensitive information.” 740 ILCS 14/15(c). “For example, social security numbers, when compromised, can be changed. Biometrics, however, are biologically unique to the individual; therefore, once compromised, the individual has no recourse, is at heightened risk for identity theft, and is likely to withdraw from biometric-facilitated transactions.” Id. Thus, Illinois enacted the Biometric Information Privacy ACT “BIPA”), 740 ILCS 14/1 et seq. BIPA is designed to protect individuals’ personal biometric information. Under BIPA, biometric identifiers include fingerprints, scans of hand geometry (i.e. handprints) and vocal identifiers; while biometric information can be defined as any information based on a biometric identifier, regardless of how it is converted or stored.
Recognizing the importance of the security of individuals’ biometrics, private entities may not obtain and/or possess an individual’s biometrics unless they: (1) inform that person in writing that biometric identifiers or information will be captured, collected, stored, or used; (2) inform that person in writing of the specific purpose and the length of term for which such biometric identifiers or biometric information is being captured, collected, stored, and used; (3) receive a written release from the person for the collection of his or her biometric identifiers and/or information; and (4) publicly publish and make available a written retention schedule and guidelines for permanently destroying biometric identifiers and biometric information. 740 ILCS 14/15.
Keogh Law has litigated dozens of putative class actions for violations of BIPA including against Amazon, Samsung and Regal Cinemas. If you believe you have a claim under BIPA, please contact Keogh Law today!