by Lindsey Tonsager, Libbie Canter, Priya Leeds - Covington

On August 2, 2024, Illinois’ governor signed into law S.B. 2979, a significant amendment to the Illinois Biometric Information Privacy Act (BIPA). The law states that an entity that, in more than one instance, obtains the same biometric identifier or biometric information from the same person using the same method of collection in violation of BIPA’s notice and consent requirement has committed a single violation. As a result, each aggrieved person is entitled to, at most, one recovery for a single collective violation.

by Susan Gross Sholinsky, Shawndra G. Jones, Brian G. Cesaratto - Epstein Becker & Green

As businesses find useful new ways to harness the evolving technology that captures and analyzes human biometric data, legal regulation of such technology’s usage is also developing, responding to concerns about personal privacy and control over personally identifying information. With a few states—notably, Illinois, Texas, and Washington—having taken the lead on protecting individual rights and restricting the collection and use of biometric information by requiring notice and consent, New York City has also recently enacted new rules that limit the collection, storage, and dissemination of such personal data.

Illinois Enacts BIPA Amendment Limiting Violation Accrual

Updates on Biometrics in the Workplace: Scanning the Legal Landscape in New York and Beyond