An amendment to Illinois’ biometric privacy law, the Illinois Biometric Information Privacy Act (“BIPA”) has finally become law. And, this amendment implements major changes to how damages accrue under BIPA.
Background
Passed in 2008, BIPA has gained national recognition over recent years as one of the most stringent (and earliest) biometric laws in the United States. BIPA governs the collection, use, disclosure, and storage of individuals’ unique biometric information, such as fingerprints, hand scans, facial recognition data, and retinal or iris scans. Dozens of court opinions have been inked over its interpretation across various jurisdictions (including the Illinois Supreme Court opinion Cothron v. White Castle Sys. that precipitated the amendment). BIPA has garnered billions of dollars in settlements collectively, and even an initial $228-million jury verdict, which was later vacated and settled for $75 million.
The Act and Prior Litigation
Notably, dozens of attempts to amend BIPA over the last decade have failed. Some have doubted an amendment would ever pass but the day is finally here. On August 2, 2024, Governor J.B. Pritzker signed into law an amendment to BIPA, SB2979 (now Public Act 103-0769) (the “Act”).
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