BIPA
Illinois Biometric Information Privacy Act
Illinois · 740 ILCS 14/1 et seq.
- Status
- In effect
- Took effect
- October 3, 2008
- Applies to
- Private entities collecting, storing, or using biometric identifiers or information
- Enforced by
- Courts (private enforcement); no dedicated agency
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.
Who is protected: Individuals in Illinois (including employees)
Legal 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.
Key facts
| Jurisdiction | Illinois |
|---|---|
| Level | State |
| Strength | Stronger |
| Enacted | October 3, 2008 |
| Citation | 740 ILCS 14/1 et seq. |
| 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 |
| Statute | Illinois General Assembly: 740 ILCS 14 Biometric Information Privacy Act |
More AI rules in Illinois
- 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)
- AI Safety Measures Act (frontier model audits) · Enacted (not yet in effect)
- Algorithmic rent price-fixing ban · Expired
- Illinois HB 3851 — deepfake cyberbullying in schools (2026) · In effect
- Illinois data center tax-incentive pause (DCEO, July 2026) · In effect
Related biometric data rules elsewhere
- Virginia § 15.2-1723.2 (facial recognition by local law enforcement, eff. July 1, 2026) · In effect
- Bristol VA PD facial recognition program (first VA local agency) · In effect
- Dallas PD Clearview AI facial recognition policy · 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
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