Illinois Governor Signs BIPA Changes

August 6, 2024

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.

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Uncategorized

State:

Illinois

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