BIPA Suits Against 3rd-Party Vendors Face Numerous Hurdles
By Karen Borg and Al Fowerbaugh (August 11, 2020, 4:16 PM EDT) -- The Illinois Biometric Information Privacy Act imposes a number of requirements upon those who obtain the biometric data of others, including:
Developing a publicly available written policy regarding the retention and destruction of biometric data in their possession;
Providing required disclosures, and obtaining written releases, before obtaining biometric data;
Prohibiting the sale of biometric data; and
Prohibiting the disclosure of biometric data without obtaining prior consent.
Anyone who violates these requirements is liable for statutory damages up to $5,000 for each willful violation.
As a result, hundreds of class actions have been filed, predominantly against those who directly collected the biometric...
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