IL BIPA (2008, first-in-nation biometric law)

Illinois Biometric Information Privacy Act — First-In-Nation Biometric Statute (P.A. 95-994, 2008)
IL · 740 ILCS 14/1 et seq. (P.A. 95-994, 2008; amended P.A. 103-0769, 2024)

Status
In effect
Took effect
October 3, 2008
Applies to
Private entities collecting biometric identifiers or information
Enforced by
Private enforcement (no agency action required)

Signed October 3, 2008, the Illinois Biometric Information Privacy Act (BIPA) was the first state biometric privacy law in the United States — and remains the most powerful. Its private right of action and statutory damages ($1,000 negligent / $5,000 intentional per violation) have driven major class-action settlements, including the $650M Facebook face-tagging settlement (2021) and TikTok's $92M consumer-privacy MDL settlement that included BIPA claims (final approval July 28, 2022). 2024 amendment (P.A. 103-0769) limited claims to one accrual per person per collection method. Still in effect 2026.

Who is protected: Illinois residents subject to biometric collection

Legal detail

740 ILCS 14/1 et seq. (P.A. 95-994, Oct. 3, 2008) — first state biometric privacy statute in the U.S. Requires private entities to (1) develop a publicly available written retention/destruction schedule, (2) obtain informed written consent (since 2024 amendment, electronic signatures qualify) before collection of biometric identifiers, (3) destroy biometric data within 3 years of last interaction or when initial collection purpose is satisfied. Private right of action with statutory damages of $1,000 (negligent) / $5,000 (intentional or reckless) per violation, plus attorneys' fees. P.A. 103-0769 (2024) limited recovery to a single accrual per person per collection method. Notable settlements: Patel v. Facebook ($650M, 2021), In re TikTok, Inc. Consumer Privacy Litig., MDL No. 2948 (N.D. Ill.) ($92M settlement fund incl. BIPA claims; final approval July 28, 2022), Cothron v. White Castle (reaffirmed per-scan accrual prior to 2024 amendment).

Key facts

JurisdictionIL
LevelState
StrengthStronger
EnactedOctober 3, 2008
Citation740 ILCS 14/1 et seq. (P.A. 95-994, 2008; amended P.A. 103-0769, 2024)
Private right of actionYes, individuals can sue
Penalties$1,000 negligent / $5,000 intentional per violation + attorneys' fees
Topicsbiometric data · facial recognition · consumer data privacy · consumer protection
Statute740 ILCS 14 — Illinois General Assembly

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