This article appeared in Cybersecurity Law & Strategy, an ALM publication for privacy and security professionals, Chief Information Security Officers, Chief Information Officers, Chief Technology Officers, Corporate Counsel, Internet and Tech Practitioners, In-House Counsel. Visit the website to learn more.
Over the past three years, one of the hottest class action litigation trends in the United States has been Illinois’ Biometric Information Privacy Act (BIPA). BIPA requires entities that collect biometric information or identifiers to obtain prior written consent, provide notice of biometric privacy practices, and maintain reasonable security features to protect any collected data. Although BIPA was enacted in 2008, the law went largely unnoticed until 2016, leading many companies to unknowingly operate outside of strict compliance with the law for nearly a decade. Unfortunately, this could be a costly mistake, as BIPA provides a private right of action as well as statutory damages of up to $5,000 per violation.
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