Illinois BIPA
Amended Illinois · In force Oct 3, 2008 · no upcoming deadlines
Deadlines
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
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.
Related
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.