Illinois Biometric Information Privacy Act
Illinois · 740 ILCS 14/1 et seq.
The strongest US biometric privacy law: companies must get written consent before collecting fingerprints, face scans, voiceprints, or other biometrics, publish retention/destruction policies, and cannot sell biometric data. Individuals can sue directly and recover $1,000–$5,000 per violation, which has produced major settlements against facial recognition and AI companies.
Technical detail
740 ILCS 14 requires informed written consent (now including electronic signatures) before collection of biometric identifiers, retention schedules, and destruction within 3 years of last interaction; 2024 amendment (P.A. 103-0769) limits claims to a single accrual per person per collection method.
Who is protected: Individuals in Illinois (including employees)
Who must comply: Private entities collecting, storing, or using biometric identifiers or information
Key facts
| Jurisdiction | Illinois |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Stronger protection |
| Effective date | 2008-10-03 |
| Enacted | 2008-10-03 |
| Citation | 740 ILCS 14/1 et seq. |
| Enforced by | Courts (private enforcement); no dedicated agency |
| Private right of action | Yes — individuals can sue |
| Penalties | $1,000 per negligent violation, $5,000 per intentional/reckless violation, plus fees and injunctive relief |
| Topics | biometric data · consumer data privacy · facial recognition · data retention · AI hiring and employment |
| Last verified | 2026-06-10 |
| Official source | Illinois General Assembly: 740 ILCS 14 Biometric Information Privacy Act ↗ |
More AI rules in Illinois
- AI Safety Measures Act (frontier model audits) · Enacted (not yet in effect)
- Algorithmic rent price-fixing ban · Proposed / pending
- Illinois Children's Social Media Safety Act — algorithmic recommendations ban for minors · Enacted (not yet in effect)
- Illinois SB 3114 — Transparency in Downcoding Act · Enacted (not yet in effect)
- IL AV local-preemption (2017) · In effect
- IL Drone Surveillance Act · In effect
Related biometric data rules elsewhere
- Virginia § 15.2-1723.2 (facial recognition by local law enforcement, eff. July 1, 2026) · In effect
- Ban biometric recognition in public accommodations (Ban The Scan) · Proposed / pending
- Limit facial recognition in residential buildings (Ban The Scan) · Proposed / pending
- Texas v. Google · In effect
- Attorney General Ellison releases consumer alert on DHS' digital surveillance an · In effect
- FTC Commercial Surveillance ANPR · Proposed / pending
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