ANALYSIS: Biometric Damages Proposal Would Weaken Illinois Law

A new bill expected to be passed by the Illinois legislature would likely defang the contentious Illinois Biometric Information Privacy Act (BIPA) by drastically changing the risk associated with litigating an alleged violation for both parties.

The proposed amendments (S.B. 2979) would lower the potential damages per privacy violation and possibly dissuade individuals from bringing suits altogether.

The law’s intent is to protect the public from misuse of their sensitive personal information. It imposes harsh fines on entities who fail to safeguard the biometrics they collect. By including a private right of action, BIPA gives the public the right to ...