Considering Using Biometric Information? Adopt A Biometric Policy Now

Businesses and organizations operating in Illinois – including any business with an online presence accessible to residents of Illinois – should remain vigilant of the ever-changing set of pitfalls stemming from the Illinois Biometric Information Privacy Act (BIPA). As a reminder, BIPA regulates how private entities collect, handle, and use biometric data, and provides a private right of action to any person aggrieved by a violation of the statute.

Those who fail to properly plan, they may sleepwalk into potentially harsh penalties for technical violations of the statute. Moreover, a series of recent court decisions are only increasing the risks created by the statute. In the latest development, one Illinois court handed down a ruling that effectively creates strict liability (meaning that the company's intentions aren't taken into account in determining whether or not the law was violated) for organizations collecting biometric information without having a