The Illinois Biometric Privacy Act

Biometrics is the measurement and statistical analysis of a person’s physical and behavioral characteristics. The technology associated with biometrics has many uses, but frequently is used to verify personal identity. Examples of physiological characteristics include DNA, fingerprints, face, hand, retina or ear features, and odor. Examples of behavioral characteristics include gestures, voice, typing rhythm, and gait. Common uses of biometrics include security access such as accessing elevators, laptops, time management such as clocking in and out and employee profiles.

Illinois was the first state to pass a law regarding biometric data usage. Section 15(b) of Illinois’s Biometric Information Privacy Act (BIPA), 740 ILCS 14 (2008), regulates the collection, use, and retention of a person’s biometric identifiers or information. It requires collectors of this material to obtain the written informed consent of any person whose data is acquired. Under the Act, businesses must receive written consent from individuals before obtaining their biometric data, and they must disclose their policies for usage and retention. Should a business violate the Act, an aggrieved party is entitled to statutory damages up to $1,000 for each negligent violation, and up to $5,000 for each intentional or reckless violation. Employees must remain vigilant to ensure their privacy rights are protected and that employers are safeguarding their personal information. If you feel your rights under BIPA have been violated, contact an experienced employment attorney at Dolan Law.