Overview

What Is BIPA?

The Biometric Information Privacy Act (BIPA) is a landmark Illinois law enacted in 2008 to regulate the collection, use, and storage of biometric data by private entities. Biometric data refers to unique physical characteristics such as fingerprints, facial scans, and voiceprints that can be used to identify individuals. BIPA was the first law of its kind in the United States, setting a precedent for biometric privacy legislation nationwide.

Why Was BIPA Enacted?

BIPA was introduced in response to growing concerns about the misuse of biometric data. The bankruptcy of Pay By Touch, a company that collected fingerprint data for payment systems, left consumers worried about the fate of their sensitive information. This incident highlighted the need for clear regulations to protect individuals’ biometric data from unauthorized collection and misuse.Morrison Foerster

Key Provisions of BIPA

BIPA is enforced by the Illinois Attorney General and state courts, with penalties ranging from 1,000fornegligentviolationsto1,000 for negligent violations to 5,000 for intentional or reckless violations.

This comprehensive approach to biometric data privacy has made BIPA a model for similar legislation in other states, including Texas and Washington.

 

 

Applicability

Who Needs to Care (and Why It’s More Than Just Illinois)

Let’s clear something up first, just because BIPA is an Illinois state law doesn’t mean it only applies to companies headquartered there. Far from it. If your business touches biometric data from anyone living in Illinois, even if it’s just one user or employee, you’re on the hook.

So who’s in the crosshairs? Here’s the short list (though honestly, it’s getting longer every year):

  • Employers: If you’re using fingerprint or facial recognition tech for clock-ins or facility access, you’re affected. Doesn’t matter if it’s a warehouse in Joliet or a remote employee in Peoria.

  • Tech Companies: Those offering apps or services with face filters, voice authentication, or behavioral tracking tools? Yup, you’re in the game too.

  • Retailers and Banks: Using facial recognition for loss prevention or palm readers for payment? Welcome to BIPA territory.

  • Healthcare Providers: From patient check-ins to lab access, biometric verification in healthcare needs to follow the same consent and retention protocols.

Industry-Specific Quirks

BIPA isn’t a one-size-fits-all kind of rule, it hits different sectors in slightly different ways. For example:

  • Retail & E-Commerce: Facial recognition tools in stores or online platforms that analyze facial data for targeted ads? Those must comply, and many haven’t learned the lesson until the lawsuits roll in.

  • Healthcare & Biotech: Using fingerprints or iris scans to verify patient identity is common, but consent protocols still apply, even if HIPAA is in play.

  • Workplace & HR: Biometric time clocks might seem efficient, but if you haven’t gotten clear, written permission from employees, and explained how long the data stays, you’re walking a legal tightrope.

And here’s the kicker: BIPA’s reach extends beyond state lines. Courts have repeatedly upheld that any company interacting with Illinois residents’ biometric data must comply, regardless of where that company is based. Think of it like California’s CCPA, but for your face, your voice, or your fingerprint.

So even if you’re based in New York, but you’ve got users in Chicago using your voice-authenticated app, you’ve got to play by Illinois’ rules, or risk some seriously expensive consequences.

Next up, we’ll unpack what exactly counts as biometric data under BIPA and what rules govern its use. Spoiler: It’s not just about fingerprints.

 

 

What BIPA Governs

The Data at the Heart of It All

You know when someone says, “It’s just a fingerprint, what’s the big deal?” Well, under BIPA, that fingerprint might as well be a social security number. The law draws a sharp line around certain types of data, and once it crosses that line into “biometric,” it’s protected with full force.

Here’s the breakdown:

  • Biometric Identifiers — These are the raw, uniquely human parts:

    • Fingerprints

    • Retina or iris scans

    • Voiceprints

    • Scans of facial geometry (used in facial recognition tech)

  • Biometric Information — This is where things get a bit murkier. It’s not just the data itself, but anything derived from those identifiers. For example, a facial recognition algorithm that converts your face into a numerical map? That output is still biometric data.

  • Exclusions? Yes, there are a few. Photographs (regular ones), written signatures, and physical descriptions (like height or hair color) aren’t considered biometric identifiers. But if software turns a photo into a facial geometry scan? Now you’re in BIPA’s jurisdiction.

BIPA’s Golden Rules for Biometric Data

The law doesn’t just say “don’t mess around with biometric data”, it lays out a very specific checklist for how to handle it properly. Here’s what companies need to lock in:

  • Written Consent Comes First:
    Before collecting a single biometric data point, you must provide clear notice and get a signed release. No retroactive permission, no hidden clauses.

  • Publicly Available Privacy Policies:
    Companies must publish a policy that spells out their biometric data practices, specifically how long they’ll keep the data and how it’ll be destroyed. This can’t just live in legal fine print either, it needs to be easily accessible.

  • Timely Data Deletion:
    Biometric data can’t live on forever. If you haven’t used it in three years, or the relationship with the individual ends (like a former employee), it’s got to be deleted.

  • Strict No-Sharing Rule:
    Selling, renting, trading, or even “sharing” biometric data without explicit consent is a no-go. That includes giving it to third-party vendors unless the person knows and agrees.

  • Reasonable Security Standards:
    While BIPA doesn’t prescribe exact tech specs, it demands that biometric data be protected “in a manner that is the same or more protective than for other confidential and sensitive information.” So yeah, storing fingerprints in plain text? Huge red flag.

A Few Myths Worth Busting

Let’s get this straight, just because something is used for security doesn’t mean it’s exempt. A lot of companies wrongly assume that if the biometric data is used to protect facilities or accounts, it gets a free pass. It doesn’t.

Also, “we didn’t mean to” isn’t a valid excuse under BIPA. Even accidental collection without consent can result in statutory penalties. And unlike most laws, individuals don’t have to prove harm to sue. The violation itself is enough.

With the basics of what BIPA covers locked down, the next section will get into how to actually stay compliant, and it’s more than just checking a few boxes.

 

 

Compliance Requirements

Key Obligations: What You Absolutely Can’t Skip

Let’s not sugarcoat it, BIPA compliance is demanding. But it’s also non-negotiable. If you collect or use biometric data, you need to be doing four main things. Miss one, and you’re playing lawsuit roulette.

1. Get That Written Consent (Every Time)
This isn’t just a “click to agree” kind of situation. Consent must be informed, written, and obtained before any data is collected. That means:

  • A clear explanation of what data is being collected (e.g., facial geometry, voiceprint)

  • Why it’s being collected

  • How long it’ll be stored

  • Who it might be shared with (if anyone)

No vague language, no confusing terms. And yes, every individual must sign off. If you’re running a company with hundreds of employees clocking in with a fingerprint scanner, that’s hundreds of signed forms you’d better be able to produce if challenged.

2. Publish a Retention and Destruction Policy
Don’t just write it, make it public. Your biometric data policy needs to be accessible to anyone whose data you collect. It should answer questions like:

  • How long will the data be kept?

  • What triggers deletion?

  • What methods are used to destroy it securely?

Tip: Set an automated system to delete biometric data within 3 years or after the last interaction. Forgetting is not an excuse under BIPA.

3. Lock Down Sharing (Unless There’s Clear Consent)
Biometric data isn’t yours to pass around. You can’t sell it, lease it, or share it, even with vendors or “partners”, unless the individual says it’s okay. That means third-party cloud storage, facial recognition APIs, or outsourced security systems must be vetted and covered under separate consent.

4. Store It Securely
Encryption isn’t optional. If you’re storing biometric data unencrypted, you’re asking for trouble. BIPA doesn’t prescribe specific cybersecurity tools, but if your security standards are looser than those used for financial or health data, you’re probably not compliant.

Technical and Operational Requirements: Behind-the-Scenes Moves That Matter

While legal checkboxes are important, technical diligence is what often gets overlooked, and that’s where many companies fall flat.

- Encrypt at Rest and in Transit:
That means encrypting biometric data on your servers and while it’s being transferred between systems or devices. TLS for transit, AES for storage, your IT team should know the drill.

- Tight Access Controls:
Only those who need access to biometric data should have it. This often means multi-factor authentication, role-based access controls, and real-time access logs. Think of it as a VIP room for your most sensitive data.

- Regular Security Audits:
BIPA doesn’t spell out frequency, but if you’re not auditing your biometric data systems at least once a year, you’re skating on thin ice. Internal audits are good, third-party ones are better.

- Clear Notifications for Users and Staff:
From onboarding to customer sign-ups, anyone whose data you touch should know upfront what’s being collected, how, and why. This isn’t just compliance, it’s also about trust.

Quick Thought:
One of the most common missteps? Companies that add facial recognition to their app or kiosk systems as a “cool feature,” forgetting that it changes everything from a legal perspective. Even if it’s optional, once biometric data enters the mix, you need full compliance across the board.

Coming up next, we’ll break down what happens when companies miss the mark, spoiler: the penalties aren’t small, and the lawsuits are no joke.

 

 

Consequences of Non-Compliance

Penalties & Fines: The Numbers That Make Executives Sweat

You might think, “Okay, we’ll fix it if it ever becomes a problem.” But that kind of thinking can cost you. Literally.

Under BIPA, the penalties stack up fast, per person, per violation.

  • $1,000 per negligent violation. That means even if you didn’t mean to break the rules (say, forgetting to get consent from one employee), that’s a thousand bucks per incident.

  • $5,000 per intentional or reckless violation. Think sharing data with a vendor without proper consent, or ignoring policy requirements? That’s five grand every time it happens.

And these fines are statutory, which means individuals don’t have to prove actual harm. Just the violation itself is enough to trigger a lawsuit.

To put it in perspective:
Facebook’s 2020 BIPA settlement? A jaw-dropping $650 million. That wasn’t a rare exception, it’s part of a growing pattern.

Legal Actions & Lawsuits: A Legal Trend You Can’t Ignore

BIPA has teeth, and it’s been using them. Illinois courts have been flooded with lawsuits, many of them class actions. Why? Because every user, every scan, every clock-in without proper consent can be treated as a separate violation.

Some notable examples:

  • Facebook: Sued for using facial recognition to tag users in photos without consent. The result? The massive settlement mentioned earlier.

  • Clearview AI: Accused of scraping billions of photos online and using facial recognition without user permission. Still tangled in legal battles.

  • Google, Shutterfly, and TikTok: All have faced BIPA lawsuits for using biometric tech without fully transparent practices.

And it’s not just big tech. Plenty of smaller companies, from staffing agencies to nursing homes, have found themselves in court for biometric time clocks that didn’t meet BIPA’s requirements.

The Illinois Attorney General also has the power to investigate and take civil action. That’s in addition to private lawsuits.

Business Impact: More Than Just Money

Sure, the financial hit is huge, but the ripple effects go deeper.

  • Reputation Damage: Biometric privacy violations make headlines, and not the good kind. Once trust is broken, it’s hard to rebuild, especially when facial recognition or fingerprint data is involved.

  • Operational Disruption: If you’re found non-compliant, you might be ordered to suspend use of biometric tools until fixes are made. That’s costly downtime.

  • Stunted Innovation: Legal uncertainty can slow product development or expansion into new markets. Teams might scrap useful features just to avoid compliance risk.

Let’s be honest, no one wants their company name trending on Twitter because of a privacy lawsuit. Staying compliant isn’t just about avoiding court; it’s about proving you respect people’s right to control their most personal data.

Next, we’ll explore why this law even exists in the first place, and how its origins help explain why it’s so strict.

 

 

Why BIPA Compliance Exists

The Backstory: Where It All Began

You know how some laws seem to come out of nowhere? BIPA isn’t one of them. It was born from real-world panic and a wake-up call the tech world couldn’t ignore.

Back in the early 2000s, a company called Pay By Touch was making waves. They offered biometric payment systems, users could pay with just their fingerprint at the register. Cool idea, right? Until the company went bankrupt in 2007. Suddenly, millions of biometric profiles were left floating in limbo. No one knew who owned the data. No one knew where it would go next.

That moment sparked serious concern in Illinois. Lawmakers asked: What happens when the thing identifying you, your literal fingerprint, gets compromised?

So in 2008, Illinois passed the Biometric Information Privacy Act, the first law in the U.S. to say: “Hold up, if you’re collecting data from people’s bodies, you’d better follow strict rules.”

It wasn’t about stifling innovation. It was about setting boundaries, about saying biometric data is not the same as a password you can reset or an email you can swap. It’s part of who you are.

Global Ripples: How BIPA Shaped the Biometric Privacy Landscape

BIPA didn’t just make waves in Illinois, it created a ripple effect that’s still growing.

Texas and Washington soon introduced their own biometric privacy laws. They’re not as strict, neither includes BIPA’s private right of action, but they follow similar principles: get consent, protect the data, don’t share it.

Across the Atlantic, the GDPR in Europe took biometric data protection even further. Under GDPR, biometric data is classified as “special category” data, which means it can only be processed under strict conditions.

BIPA set the tone. And it’s still the gold standard in biometric regulation.

Looking Ahead: Where This Is All Going

If you’re thinking, “This seems intense, will other states follow suit?” the answer is yes, and they already are.

California’s CPRA has expanded privacy rights, and although it doesn’t mirror BIPA exactly, it lays the groundwork for biometric protections. Other states like New York and Massachusetts have proposed laws that borrow heavily from BIPA’s playbook.

And on the federal level? While there’s no national biometric privacy law yet, momentum is building. Lawmakers are watching these class actions, and voters are paying attention. Don’t be surprised if we see a federal biometric framework within the next few years.

Here’s the bottom line: BIPA was built out of necessity, not theory. And with biometric tech becoming more common, from face-unlocking phones to voice-controlled assistants, it’s not going away anytime soon.

Up next, we’ll talk about what it actually takes to get compliant and stay that way, because waiting for a lawsuit to clean up your act? Yeah, that’s not the move.

 

 

Implementation & Best Practices

How to Become Compliant (Without Losing Your Mind)

Let’s get real for a second, compliance sounds heavy. Like a mountain of legalese you’ll never climb. But if you break it down into steps, it’s completely doable. The trick? Treat biometric data like you would someone’s wallet or keys. If it’s not yours, you don’t touch it without permission, and you keep it safe.

Here’s how to do it right:

1. Start with a Data Audit
You can’t protect what you don’t know you have. So, first things first, make a list.

  • What biometric data are you collecting? (Facial scans, fingerprints, voiceprints?)

  • Where is it coming from? (Clock-in systems, mobile apps, surveillance cameras?)

  • Who has access to it?

  • How long are you storing it?

A full inventory gives you a baseline. You’ll likely find places where you’re collecting data without realizing it, or storing it longer than you should.

2. Get Explicit Consent, Not Just Checkboxes
This is the most critical step. Every person whose biometric data you collect must give written, informed consent. That means:

  • They know what’s being collected

  • They understand how it’ll be used

  • They agree in writing, ideally via a signed form or secure digital process

Pro tip: Avoid burying this in general Terms of Service. BIPA demands clarity, not loopholes.

3. Build (and Publish) a Biometric Privacy Policy
This isn’t just an internal memo, it needs to be posted publicly. Your policy should include:

  • What data you collect

  • Why you collect it

  • How long you keep it

  • When and how you delete it

  • How you secure it

Keep the language plain. You’re not impressing lawyers, you’re earning trust.

4. Set Data Retention Limits
If you’re holding onto biometric data forever “just in case,” you’re already in dangerous territory. Under BIPA, data must be deleted:

  • Within 3 years of the last interaction with the individual

  • Or when the purpose for collection no longer exists

Set up automated deletion protocols. Don’t rely on memory or manual processes.

5. Secure the Data Like It’s Your Own Identity
Because, let’s be honest, it basically is.

  • Encrypt everything, both at rest and in motion

  • Use secure servers with limited access

  • Log every interaction with biometric systems

  • Test security regularly with audits and vulnerability scans

Make sure your vendors do the same. If a third party mishandles your biometric data, you’re still on the hook.

Ongoing Compliance Maintenance: It’s a Marathon, Not a Sprint

Compliance isn’t a one-and-done task. It needs continuous attention. Here’s how to stay ahead:

Annual Reviews
Go through your biometric data handling practices once a year, minimum. Update policies, refresh consent forms, and patch any weak spots.

User Rights Requests
Set up a process so users or employees can:

  • Request copies of their biometric data

  • Ask for it to be deleted

  • Revoke their consent

It’s not just courteous, it’s necessary.

Incident Response Planning
What happens if there’s a breach? If you don’t have a response plan already, build one now. It should include:

  • How to notify affected individuals

  • Steps to contain the breach

  • Coordination with legal and PR teams

  • Reporting obligations under BIPA and other privacy laws

Remember, the faster and more transparently you respond, the less damage you take, legally and reputationally.

 

 

Additional Resources

Official Documents: Where to Go for the Straight Facts

If you want to read BIPA in its original legal language, or need to double-check a clause before implementing a policy, go straight to the source:

Tools to Make Compliance Less Painful

You don’t have to build your BIPA compliance stack from scratch. A handful of platforms and services specialize in making this process smoother:

  • Consent Management Platforms:

    • Usercentrics and Cookiebot can help handle user permissions, disclosures, and logs, especially useful if you operate online tools or apps.

  • Compliance Auditors:

    • TrustArc and OneTrust offer full privacy compliance audits, including biometric-specific assessments.

  • Biometric Data Encryption Tools:

    • Microsoft Azure and AWS Key Management Service (KMS) support industry-grade encryption and access control protocols for storing biometric identifiers.

  • Time & Attendance Software with BIPA Compliance Built-In:

    • Some platforms now advertise their systems as “BIPA-ready”, look for vendors like Kronos or Replicon that offer configurable data retention and consent features.

Real-World Examples: What to Learn from Those Who’ve Been There

Facebook’s $650 Million Face Tagging Fiasco:
In one of the most high-profile BIPA lawsuits ever, Facebook was taken to court for auto-tagging users in photos using facial recognition, without their permission. The result? A historic settlement and a big warning for tech companies everywhere: even popular features can cross legal lines if they skip consent.

Shutterfly’s Face Recognition Controversy:
They collected facial scan data from uploaded images, again, without clear consent. A class-action lawsuit followed, showing that even indirect data collection (like from photos) falls under BIPA.

Apple’s Local Storage Model as a Compliance Win:
Apple avoids BIPA violations with Face ID by storing biometric data locally on the user’s device, never uploading it to the cloud. That keeps them out of legal gray areas and shows there are workarounds if you plan with privacy in mind.

FAQ: Rapid-Fire Answers to Common Questions

Does BIPA apply if I’m not based in Illinois?
Yes. If you collect biometric data from Illinois residents, even through an app, website, or remote job, you’re bound by BIPA.

Can I store biometric data longer if I anonymize it?
Nope. BIPA protections kick in before anonymization happens. Consent is still required, and deletion timelines still apply.

How long can I keep biometric data?
No longer than 3 years after the individual’s last interaction, or when the purpose of collection ends. Whichever comes first.

Can employees sue me even if they weren’t harmed?
Yes. BIPA allows individuals to sue just for the violation, no proof of actual harm required.

What’s the biggest risk of non-compliance?
Class-action lawsuits, massive financial penalties, and public backlash. Not to mention being forced to halt your use of biometric tools entirely.

 

 

Conclusion

Where Compliance Meets Common Sense

BIPA isn’t just another line-item on a compliance checklist, it’s a serious legal and ethical framework for handling some of the most sensitive data a business can collect. And whether you’re scanning faces, capturing fingerprints, or analyzing voiceprints, the message is loud and clear: biometric data is personal, permanent, and legally protected.

The law may have started in Illinois, but its influence reaches far beyond. Courts across the U.S. are treating biometric privacy with increasing seriousness, and consumers are waking up to how much of their identity is being captured, often without their knowledge.

What’s striking is that BIPA’s core requirements, consent, transparency, and secure handling, aren’t radical ideas. They’re grounded in basic respect. It’s the same principle you’d follow if someone handed you their keys or wallet: don’t take it without asking, don’t share it with strangers, and don’t lose it.

Your Next Steps: What You Can Do Today

If you’re working in HR, tech, retail, healthcare, or really any space touching biometric data, here’s your immediate action list:

  • Audit Your Biometric Data Practices:
    Figure out what you’re collecting, how, and where it’s going.

  • Create or Update Consent Forms:
    Make sure they’re clear, detailed, and signed before any data is captured.

  • Write (and Publish) a Privacy Policy:
    Keep it plainspoken and accessible. Make sure it reflects your current practices.

  • Set Retention and Deletion Rules:
    Don’t hoard biometric data. Automate the purge when time’s up.

  • Harden Your Data Security:
    Encrypt everything. Limit access. Log every touchpoint.

  • Train Your Team:
    Everyone from IT to HR should understand what BIPA is, and how to follow it.

One Final Thought

BIPA isn’t about stifling innovation. It’s about setting boundaries that keep technology from crossing into exploitation. And let’s be honest, when your business handles data as personal as a fingerprint or a face scan, the stakes are too high to wing it.

Think of BIPA not as a burden, but as a framework for building trust. In a world where privacy breaches make headlines, doing the right thing doesn’t just keep you out of court, it keeps you in your customers’ good graces.

So, get compliant. Stay transparent. Handle biometric data like it belongs to your closest friend. Because legally and morally? It kind of does.