Illinois Biometric Privacy Act Attorneys
Helping Clients Protect Their Biometric Data
Biometric data is growing in popularity. Many companies are using biometric information to unlock phones, computers, and even office doors. However, this type of data can also be used to identify individuals, so it is important to understand your rights under Illinois law.
At Edelman Combs Latturner & Goodwin, LLC, our team has helped numerous clients protect their biometric information. We can do the same for you.
In many situations, people do not realize their information has been taken until years after the first scan at work, a store, or another business. our Illinois biomtric privacy attorneys can review how your data was collected, what disclosures you received, and whether the company followed the requirements of Illinois biometric privacy law before using or storing that information. If we find violations, we can explain your options for pursuing relief through an individual claim or as part of a consumer class action.
Schedule a free initial consultation with our Illinois biometric privacy attorneys by contacting us online or calling (312) 626-3585. We also offer evening and weekend appointments.
How Our Biometric Privacy Lawyers in Chicago Can Help
Edelman Combs Latturner & Goodwin, LLC can help you protect your biometric information under the Illinois Biometric Privacy Act. We can also help you pursue damages if your biometric information was used without your consent.
Many companies are using biometric information to improve their services. However, it is important to know your rights under the law so that you can protect your sensitive information.
When you contact us about a potential BIPA violation, we begin by reviewing how your biometric information was collected and used, along with any documents or screenshots showing what you were told at the time. We then assess whether the business provided proper written notice, obtained valid consent, and maintained a compliant retention and destruction policy under Illinois law.
Our Illinois biometric privacy attorneys draw on extensive consumer protection experience in Chicago to explain your legal options, which may include pursuing an individual claim or participating in a class action involving the same company.
What Is Biometric Data?
Biometric data is used to identify individuals based on specific physical or behavioral characteristics. These characteristics can include fingerprints, voiceprints, retina scans, hand geometry, and even signatures.
Biometric information is usually very unique to an individual and can be used to positively identify a person with a high degree of accuracy. However, it is also extremely sensitive, so it is important to understand your rights under the Illinois Biometric Privacy Act (BIPA).
Biometric systems are now common in workplaces, schools, gyms, and residential buildings in the Chicago area. Employees may have to scan a fingerprint to clock in, parents may use hand geometry to pick up children from daycare, and tenants may use facial recognition to enter their apartment buildings. Because these technologies create a permanent link between your body and a digital record, misuse or careless storage can expose you to identity theft, tracking, or unauthorized sharing of your information in ways you did not agree to.
Unlike a password, you cannot simply change your fingerprint or face if a company fails to safeguard your biometric identifiers. That is one reason Illinois lawmakers chose to regulate biometric information separately from other types of data. If you believe a business has collected your biometric information without clear notice or written permission, speaking with our Illinois Biometric Privacy Act attorneys who understand biometric data privacy in Chicago can help you evaluate whether your situation may violate Illinois law.
The Illinois Biometric Privacy Act
The Illinois Biometric Privacy Act (BIPA) was passed in 2008. It is a law that protects individuals from having their biometric information collected, stored, and shared without their consent. The law applies to both private and public entities.
Private entities must comply with BIPA if they:
- Are engaged in commercial activity
- Have offices within Illinois
- Have employees working in Illinois
- Handle, process, or store biometric information
Public entities must comply if they:
- Are a state agency
- Are a political subdivision of the state
- Handle, process, or store biometric information
A biometric database may also be treated as a public record under the Illinois Freedom of Information Act. This can affect how biometric data is handled and accessed by public bodies.
Common Biometric Privacy Violations in Illinois Workplaces
Biometric privacy violations often arise in everyday workplace settings, especially in and around Chicago, where employers use fingerprint or facial recognition systems for timekeeping and security. While these systems may seem routine, they must comply with strict requirements under Illinois law.
Common Illinois Biometric Privacy Act violations include:
- Collecting biometric data without written consent before use
- Failing to provide a clear notice explaining why the data is collected and how long it will be stored
- Not maintaining a publicly available retention and destruction policy
- Keeping biometric identifiers after employment ends or longer than disclosed
- Sharing biometric data with third-party vendors without proper safeguards
- Implementing systems across multiple locations without updated disclosures or employee acknowledgment
- Treating biometric data like standard login credentials, rather than sensitive personal identifiers
If you recognize any of these issues in your workplace, your rights under Illinois law may have been violated. A BIPA attorney can review your situation and determine whether you may have a claim individually or as part of a larger group of affected employees.
What To Do If You Believe Your Biometric Data Was Misused
If you suspect that your biometric information was collected, used, or shared in violation of BIPA, taking a few organized steps can help protect your rights and strengthen a potential claim.
Consider the following actions:
- Gather relevant documents: Collect any materials referencing biometric systems, such as consent forms, employee handbooks, onboarding documents, or posted notices.
- Create a timeline of events: Write down when you first used the system, what you were told about it, and whether you were given the option to decline.
- Preserve digital evidence: Save screenshots, emails, or portal information that reference fingerprint scans, facial recognition, or other biometric features.
- Review what disclosures were provided: Consider whether your employer clearly explained how your data would be used, stored, and shared.
- Avoid confronting the employer without guidance: Acting too quickly can complicate your situation. It is often better to understand your rights first.
- Speak with an attorney experienced in BIPA claims: Our biometric privacy lawyers in Chicago can evaluate your situation, explain your options, and determine whether your case may qualify for an individual claim or a class action.
Taking these steps can help you better understand what happened and position you to make informed decisions about how to move forward.
How BIPA Protects You
The Illinois Biometric Privacy Act provides several ways for individuals to protect their biometric information. The law prohibits private entities from selling, leasing, trading, or otherwise profiting from an individual's biometric information.
Individuals can also sue to stop companies from using their biometric information without their consent, as well as recover damages for any harm caused by a company's failure to comply with BIPA.
In addition, BIPA protects individuals from having their biometric information used in ways they would not reasonably expect. For example, an individual would not reasonably expect their employer to use their fingerprints to unlock their computer or to scan their hand to check out library books.
Under Illinois biometric privacy law, most businesses that collect biometric identifiers must first provide written notice explaining what is being collected, why it is being collected, and how long it will be kept. They must also obtain a written release from the person whose data is being captured before they collect or store that information. If a company collects scans without first providing these disclosures and obtaining consent, that conduct may violate BIPA even if the data is never leaked or hacked.
The statute also requires companies to adopt a written policy for the retention and destruction of biometric identifiers. That policy must be made available to the public and should describe how long the business keeps biometric data after a person leaves employment or stops using the service. When businesses ignore these requirements, individuals may have the right to seek statutory damages, which can be significant if violations affected large groups of workers or consumers across Illinois.
To learn more about your rights under the Illinois Biometric Privacy Act, contact our Illinois biometric privacy attorneys today.