What are the Illinois BIPA compliance deadlines?

Oct 3, 2008: BIPA effective. Aug 2, 2024: SB 2979 amendment effective. Apr 1, 2026: Seventh Circuit: amendment applies retroactively.

When does Illinois BIPA take effect?

Illinois BIPA took effect on Oct 3, 2008.

Who does Illinois BIPA apply to?

Any private entity (individual, company, partnership, etc.) collecting, capturing, purchasing, receiving, possessing or disclosing biometric identifiers or information of Illinois residents. No size threshold; government agencies excluded.

What are the penalties under Illinois BIPA?

Private right of action: $1,000 liquidated damages per negligent violation or $5,000 per intentional or reckless violation (or actual damages if greater), plus attorney fees. After PA 103-0769, at most one recovery per person per method of collection.

Illinois BIPA

Amended Illinois · In force Oct 3, 2008 · no upcoming deadlines

Official text

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Deadlines

Transition endsApr 1 · 7 months ago · Source

Seventh Circuit: amendment applies retroactivelyClay v. Union Pacific (No. 25-2185) holds the damages amendment is remedial and applies to pending cases.

Takes effectAug 2, 2024 · 2.2 years ago · Source

SB 2979 amendment effectivePublic Act 103-0769 signed and effective immediately: single recovery per person and electronic signatures allowed for consent.

Takes effectOct 3, 2008 · 18.1 years ago · Source

BIPA effectiveThe Biometric Information Privacy Act takes effect.

Summaries for reference, not legal advice. Check the official text.

What it does

Private entities must publish a biometric retention and destruction policy, give written notice, and obtain a written release before collecting biometric identifiers such as fingerprints, face geometry or voiceprints. They may not sell or profit from biometric data and need consent to disclose it. The 2024 SB 2979 amendment treats repeated collection or disclosure from the same person by the same method as a single violation and allows electronic signatures for consent. The Seventh Circuit held on April 1, 2026 that the amendment applies retroactively to pending cases.

Who it applies to: Any private entity (individual, company, partnership, etc.) collecting, capturing, purchasing, receiving, possessing or disclosing biometric identifiers or information of Illinois residents. No size threshold; government agencies excluded.
Penalties: Private right of action: $1,000 liquidated damages per negligent violation or $5,000 per intentional or reckless violation (or actual damages if greater), plus attorney fees. After PA 103-0769, at most one recovery per person per method of collection.
Enforced by: Private right of action (courts)
Official name: Illinois Biometric Information Privacy Act (740 ILCS 14), as amended by SB 2979 (Public Act 103-0769)
Citation: 740 ILCS 14; Public Act 95-994; Public Act 103-0769
Topics: Biometrics, Privacy

Verified 2026-09-22 ilga.gov law.justia.com

Research notes

BIPA's enacted date is not included here; its effective date comes from Public Act 95-994. The Illinois Supreme Court has not ruled on whether the amendment is retroactive, so the Seventh Circuit decision binds federal courts only.

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Questions about Illinois BIPA

What are the Illinois BIPA compliance deadlines?: Oct 3, 2008: BIPA effective. Aug 2, 2024: SB 2979 amendment effective. Apr 1, 2026: Seventh Circuit: amendment applies retroactively.
When does Illinois BIPA take effect?: Illinois BIPA took effect on Oct 3, 2008.
Who does Illinois BIPA apply to?: Any private entity (individual, company, partnership, etc.) collecting, capturing, purchasing, receiving, possessing or disclosing biometric identifiers or information of Illinois residents. No size threshold; government agencies excluded.
What are the penalties under Illinois BIPA?: Private right of action: $1,000 liquidated damages per negligent violation or $5,000 per intentional or reckless violation (or actual damages if greater), plus attorney fees. After PA 103-0769, at most one recovery per person per method of collection.

Deadlines

What it does

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