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[1] 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;[2]

Providing required disclosures, and obtaining written releases, before obtaining biometric data;[3]

Prohibiting the sale of biometric data;[4] and

Prohibiting the disclosure of biometric data without obtaining prior consent.[5]

Anyone who violates these requirements is liable for statutory damages up to $5,000 for each willful violation.[6]

As a result, hundreds of class actions have been filed, predominantly against those who directly collected the biometric...

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