Understanding the IL Biometric Information Privacy Act: What You Need to Know
As technology evolves, biometric data has become a buzzword in the tech world. Biometric data is any data that is gathered about an individual based on their distinctive physical and behavioral characteristics, such as fingerprints, iris scans, face recognition, voice, and hand geometry. As biometric data is sensitive, its collection, use, and storage should be regulated. This is where the Illinois Biometric Information Privacy Act (BIPA) comes in. In this article, we’ll discuss the basics of BIPA and what it means for individuals and businesses.
What is the Illinois Biometric Information Privacy Act?
The Illinois Biometric Information Privacy Act is a state law in Illinois, which regulates how private entities collect, use, and store biometric data. The act was passed in 2008 and amended in 2019, with the aim of protecting individuals’ biometric data and providing strict guidelines for companies that use this data. BIPA requires companies to obtain prior written consent from individuals for collecting, storing, or using their biometric data.
What Does BIPA Cover?
BIPA covers biometric identifiers and information, which include fingerprints, iris scans, face scans, voiceprints, hand scans, and other biometric data. It applies to private entities that collect, use, store, or transmit biometric data for commercial purposes. BIPA also prevents private entities from selling, leasing, or trading biometric data, and it requires individuals’ consent before their biometric data is shared with third-party entities.
What Are the Consequences of Noncompliance?
The consequences of noncompliance with BIPA can be severe. Private entities that violate BIPA can face class-action lawsuits, which can result in fines of $1,000 per negligent violation or $5,000 per intentional or reckless violation. These fines can add up quickly, especially if a company falls short of compliance in several areas. In addition to financial penalties, companies can face reputational damage and loss of trust from customers.
How Can Companies Ensure Compliance?
To ensure compliance with BIPA, companies should take several steps. Firstly, they should review their current policies and procedures to determine if they are in line with BIPA. Secondly, they should obtain written consent from individuals before collecting, storing, or using their biometric data. Thirdly, they should store biometric data with industry-standard security measures in place. Fourthly, they should limit access to biometric data to only authorized personnel. Lastly, they should implement regular training for employees on BIPA compliance strategies.
Conclusion
In summary, the use of biometric data is becoming more prevalent in society. Therefore, it is essential that individuals and businesses understand their rights and obligations when it comes to biometric data. The Illinois Biometric Information Privacy Act is an essential law that protects individuals’ biometric data and provides guidelines for companies that use this data. By adhering to BIPA, businesses can avoid costly lawsuits and reputational damage, while individuals can have peace of mind that their biometric data is protected.
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