Illinois Governor Signs BIPA Changes

August 6, 2024 Last Edit: June 5, 2025

Illinois Governor J.B. Pritzker signed into law legislation that modifies the Biometric Information Privacy Act (BIPA).

Illinois Governor Signs BIPA Changes

Governor J.B. Pritzker signed into law legislation that modifies the Biometric Information Privacy Act (BIPA). The new act, PA 103-0769, is in response to the Illinois Supreme Court decision last year in Cothron v. White Castle System, Inc. The court ruled each incident of authorized biometric collection or transmission was a separate violation of the act and subject to individual damages, exposing many small employers to costly litigation and settlements. The revised statute clarifies that liability under BIPA is determined on a per person—instead of a per incident—basis, providing liability relief going forward to employers who may inadvertently violate its provisions. PA 103-0769 also contains provisions explicitly authorizing the use of electronic signatures on biometric collection consent forms. It does not, however, make these changes retroactive, potentially leaving employers subject to frivolous lawsuits due to alleged violations in the past. Many lawmakers opposed the measure because they didn’t believe it went far enough or provided adequate relief to businesses currently targeted by expensive lawsuits. “PA 103-0769 is a step in the right direction,” said NFIB Illinois State Director Noah Finley, “and going forward it will provide some relief to small businesses facing frivolous lawsuits under BIPA.” PA 103-0769 went into effect on August 2, 2024.

Topics:

Taxes

State:

Illinois

Get to know NFIB

NFIB is a member-driven organization advocating on behalf of small and independent businesses nationwide.

Learn More

July 27, 2026

Shop Small During New Mexico’s Back-to-School Tax-Free Holiday

Certain back-to-school items will be exempt from sales tax from Friday, July 31-Sunday, August 2

July 27, 2026

Podcast: State Tax Hikes on the Ballot This Year

Experts on the Small Business Rundown discuss proposed state tax increases and the impact higher taxes would have on small businesses across the nation.