No Harm, No Foul? Not So Fast: The Illinois Supreme Court Allows BIPA Lawsuits Without Allegations of Actual Injury

The Illinois legislature enacted the BIPA in 2008 in order to protect citizens’ biometric information from falling into the wrong hands. Unlike other sensitive data (like Social Security numbers), biometric information cannot be changed if it is compromised. The BIPA regulates private entities’ collection and storage of “any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual.” Biometric information includes “a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry.” Private entities are forbidden from collecting or storing biometric information unless certain requirements are met.