Illinois Biometric Data Law Threatens Businesses

Employers face lawsuits and compliance challenges under state's privacy act.

Apr. 17, 2026 at 4:54pm

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A close-up painting of a security camera mounted on the side of an office building, with the camera lens reflecting a soft, warm light and surrounded by deep shadows, conceptually representing the surveillance and privacy issues around biometric data collection.The strict biometric privacy law in Illinois has sparked a wave of lawsuits, creating legal and financial risks for employers using technologies like facial recognition and fingerprint scanners.Chicago Today

Since 2019, over 1,500 lawsuits have been filed in Illinois state and federal courts under the state's Biometric Information Privacy Act. Employers across Illinois, including in the trucking industry, have faced legal challenges and compliance issues due to the strict requirements of the law around the collection and storage of biometric data such as fingerprints and facial scans.

Why it matters

The Illinois biometric privacy law is one of the strictest in the nation, imposing significant obligations on businesses that collect or store biometric data. The high volume of lawsuits has created legal uncertainty and financial risk for employers, potentially impacting their operations and bottom line.

The details

The Illinois Biometric Information Privacy Act (BIPA) requires companies to obtain written consent from individuals before collecting or storing their biometric data, and to have a publicly available policy about how that data will be retained and destroyed. Failure to comply can result in lawsuits seeking damages of $1,000 to $5,000 per violation. Employers have faced legal challenges for using fingerprint time clocks, facial recognition for security, and other biometric identification systems without proper disclosures and consent procedures.

  • The Illinois BIPA law went into effect in 2008.
  • Since 2019, over 1,500 lawsuits have been filed under the law.

The players

Illinois Biometric Information Privacy Act (BIPA)

A state law in Illinois that regulates the collection and storage of biometric data such as fingerprints and facial scans, requiring businesses to obtain written consent and have a public policy on data retention and destruction.

Wirepoints

An Illinois policy research organization that has analyzed the impact of the state's biometric privacy law on businesses.

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What they’re saying

“The Illinois biometric privacy law is one of the strictest in the nation, imposing significant obligations on businesses that collect or store biometric data.”

— Mark Glennon, Founder, Wirepoints

The takeaway

The Illinois biometric privacy law has created legal and financial risks for employers, underscoring the need for businesses to carefully navigate the complex compliance requirements around collecting and storing biometric data.