Biometrics are playing a larger and larger role in modern technology, both for security and for convenience features. When a device stores your biometric data, though, there is the risk that other parties can access and misuse it.
Illinois' Biometric Information Privacy Act protects individuals from the misuse of biometric data such as fingerprints, facial recognition, voice collection, and iris scans. It is important for consumers to understand how this act enforces strict requirements for companies that collect and store biometric data.
What is the Biometric Information Privacy Act?
Enacted in 2008, the Biometric Information Privacy Act was the first law in the United States to regulate the collection and use of biometric information. Under BIPA, businesses must obtain informed consent before collecting or storing biometric data. Companies must inform individuals about how they will use and store consumer data, as well as the specific purpose for its collection. This includes providing a written policy on the handling of biometric data. Without proper consent, companies may face legal consequences for violating BIPA.
BIPA also mandates that businesses must safeguard any biometric data they collect. Companies must use reasonable standards to protect this sensitive information from breaches or unauthorized access. The law requires businesses to destroy biometric data upon fulfillment of the initial purpose for collection, or within three years after the individual’s last interaction with the company.
Does BIPA allow you to take legal action?
BIPA provides individuals with the right to take action if a company fails to comply with the law. Unlike other privacy laws, BIPA allows individuals to file claims for violations without needing to prove harm or damages. This gives consumers significant protection and ensures their biometric information is properly handled.
BIPA serves as a model for other states considering similar laws. Its influence has prompted increased awareness of privacy concerns related to biometric data. If you believe an employer collected and misused your biometric information, USA Employment Lawyers can help you understand your rights under BIPA.
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