On August 2, 2024, Illinois Gov. J.B. Pritzker signed S.B. 2979
into law. As previously reported, S.B.
2979 amends the Illinois Biometric Information Privacy Act
("BIPA") to more clearly specify the scope of liability
where multiple violations are alleged.
What is BIPA?
BIPA, enacted in 2008, regulates how private
entities collect, use, share, and store biometric data. BIPA's
expansive definition of biometrics includes retinal or iris scans,
fingerprints, voice prints, and facial geometric scans. Under BIPA,
private entities could be liable for liquidated damages ranging
from $1,000 to $5,000 per violation.
White Castle v. Cothron broadens BIPA claim
accrual
In February 2023, the Illinois Supreme Court issued a significant holding
addressing the accrual of BIPA claims. See Cothron v.
White Castle System, Inc., 216 N.E.3d 918 (Ill. 2023). In
Cothron, a plaintiff filed a class action alleging that
his employer violated BIPA by failing to obtain a written
