The Illinois
Biometric Information Privacy ACT (BIPA)
&
Genetic Information Privacy Act​ (GIPA)

Protecting the Biometric Identifiers of Illinois Residents​

The Illinois Biometric Information Privacy Act (BIPA)

The Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq., is a law enacted in 2008, aimed at regulating the collection, use, and storage of biometric information by private entities.

BIPA requires companies to obtain informed consent before collecting or disclosing such information, and mandates that they develop public policies for retaining and eventually destroying biometric data. It also provides individuals with the right to sue companies for damages if their biometric information is collected, used, or stored in violation of the act.

The law was a response to the growing use of biometric technology and the privacy concerns associated with it, especially considering the irreversible nature of biometric data. Through the Illinois Biometric Information Privacy Act, Illinois set a precedent in offering legal protections against potential abuses of biometric technology, serving as a model for other states considering similar legislation.

Protecting the Genetic Identifiers of Illinois Residents​

The Illinois Genetic Information Privacy Act
(GIPA)

The The Illinois Genetic Information Privacy Act (GIPA), 410 ILCS 513/1 et seq., aims to safeguard individuals’ genetic information, preventing discrimination based on this data, particularly in employment.

GIPA mandates consent for disclosing genetic information and restricts employers from using such information in employment decisions or retaliating against employees asserting GIPA violations. Legal remedies under GIPA include monetary damages, with $2,500 or actual damages for negligent violations and $15,000 or actual damages for intentional/reckless violations.

Additionally, individuals can recover attorney’s fees and other litigation costs, seek injunctions to prevent further violations, and pursue action in state or federal courts. Moreover, GIPA doesn’t limit individuals’ rights to seek damages or other relief under other applicable laws, providing a comprehensive legal framework for protecting genetic privacy and redress for violations.

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Remedies and Next Steps

Illinois Biometric Information Privacy Act Remedies

Under the Illinois Biometric Information Privacy Act, individuals can claim $1,000 for negligent violations and $5,000 for intentional or reckless violations. Additionally, they can recover attorney’s fees, expert witness fees, and other litigation costs. Courts may also provide other relief, such as injunctions, to prevent further violations, ensuring entities are held accountable for mishandling biometric data.

Illinois Genetic Information Privacy Act Remedies

Under the Illinois Genetic Information Privacy Act, aggrieved individuals can seek $2,500 or actual damages for negligent violations, and $15,000 or actual damages for intentional or reckless violations. They can also recover reasonable attorney’s fees, expert witness fees, and obtain injunctions to prevent further violations, with the ability to pursue action in state or federal courts.

Deadlines for Filing Claims

Claims for violations of the Illinois Biometric Information Privacy Act and the Illinois Genetic Information Privacy Act must be filed by certain deadlines. Be sure to speak with an attorney to discuss specific filing requirements.

No Cost Case Evaluation

Schedule a 30 minute case evaluation with an attorney at your convenience. Both telephone and video conference appointments are available.

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BIPA & GIPA

Potential Issues

BIPA Facial Scan

Facial Scans​

Facial scans that are collected, used, or stored without informed consent, or used for discriminatory practices in employment or other areas, could violate the Acts. These laws mandate clear consent and disclosure protocols, making unauthorized or discriminatory use of facial scan data legally actionable in Illinois.

BIPA Fingerprint

Fingerprints​

Fingerprint scans collected, used, or stored without informed consent, or utilized for discriminatory employment decisions, could violate the Acts. Both laws require explicit consent and proper handling of such biometric data, ensuring privacy and non-discrimination in Illinois.

GIPA Health Questions

Health History Questions

A health history questionnaire in Illinois could violate GIPA if it solicits genetic information without informed consent. If employers use it to elicit genetic details without clear disclosure and consent, or make employment decisions based on the genetic information provided, they’d be in violation of GIPA.

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