Biometrics Privacy

Biometric privacy violation refers to cybersecurity errors by a private entity, including companies and organizations, that collect biometric identifiers of Illinois residents, whether through negligence or willful and wanton conduct. Mismanagement of data collection and security obligations often harms individuals or groups through data breaches and privacy issues.

The Biometric Information Privacy Act of 2008 (BIPA) of the Illinois Compiled Statutes (ILCS) protects residents against the unconsented collection or retention of their biometric data, which can include retina and iris scans, fingerprinting, voiceprints, use of facial recognition technology and face geometry captures, as well as other forms of data capture via software or other means. Those protections do not end at the Illinois state border; residents receive those benefits even if the infringing company is located outside the state. A 2022 Illinois Supreme Court ruling held that Workers’ Compensation does not preempt residents’ right to obtain statutory damages. The only other states with similar, though not as strong, laws are Texas, Washington, and California’s Consumer Privacy Act (CCPA).

Although residents have one of the strongest pieces of data privacy legislation in the ILCS, BIPA violations still occur, leading to rampant misuse and mishandling of biometric data and identifiers. BIPA gives individuals a private right of action, allowing Illinois residents to seek justice without waiting for the state attorney general to attempt enforcement. When private entities violate the cybersecurity standard of care afforded to all individuals in Illinois to safeguard their private biometric data, you need a skilled legal team to handle your biometric data privacy case or class action lawsuit.

The Biometric Information Privacy Act of 2008

Violations of BIPA can occur in many ways. For example, companies doing business in Illinois must provide, in writing, an opportunity for residents to consent to collecting or retaining their data and biometric information each time they do so. Simple cases of biometric data collection can be scanning or clocking in and out of work, although employers are not the only private parties at risk of data protection errors. Industries from health care to social media must obtain informed consent for data collection and properly store it afterward, or risk a privacy lawsuit. Additionally, companies must provide written notice of why they are collecting the information and how long they will store it. Under BIPA, companies must maintain data protection and security precautions for stored biometric identifiers that are at least as strong as those they use to protect their own personally identifiable information. This requirement includes third parties that handle or store the data, such as cloud storage companies that obtain and hold data for companies and their employees.

BIPA and ILCS violations put affected Illinois residents at risk of having their compromised biometric identifiers used for identity theft or other potentially harmful actions by third parties. The Federal Trade Commission’s annual Consumer Sentinel Network report shows fraud, identity theft, and other reports rose from 0.33 million in 2001 to 4.87 million in 2021 and 5.74 million in 2022. Identity theft accounted for 25 percent, or 1.4 million, of reports to the FTC in 2021, more than double the amount reported in 2019.

BIPA claims allow for affected parties in the state to seek a private right of action to potentially receive financial compensation of up to $5,000, starting at $1,000, for each instance of a negligent or reckless violation of the biometric data law. A violation can range from negligence-based to reckless or even intentional skirting of state laws. The Illinois Supreme Court will rule in late 2022 or 2023 whether a violation occurs at every instance or only the first time a company commits a breach of BIPA, and a federal court is expected to answer questions regarding whether or not infringements by third parties contracted by a company create a liability for that business as well. The third party must also obtain consent to collect and/or retain the data, in addition to the originating company’s own requirements under BIPA.

Your biometric privacy law claim

With headquarters in Chicago, Romanucci & Blandin approaches biometric privacy actions to seek monetary compensation and hold a culpable business or organization financially accountable for statutory damages.

Our law firm has a team of Plaintiffs attorneys and staff with years of experience in privacy litigation. Our biometric privacy team includes partners who guide the process and share their deep knowledge of these types of lawsuits. Each client and each situation is different, and your BIPA class action litigation or claim is treated with great care and respect as the team investigates what happened and determines the best path to justice for you.

At Romanucci & Blandin, our biometric privacy litigation attorneys research the most up-to-date case biometric privacy law regarding the Illinois Biometric Information Privacy Act and hire trained and experienced biometrics and privacy experts to work as expert witnesses and consultants on your case or biometric privacy class action lawsuit. We will evaluate your injury and claim, and research the relevant statute of limitations applicable to your case. BIPA is an evolving set of regulatory laws, as cases defining its reach and limitations regarding biometric technology, data breaches, privacy issues, and negligent or reckless violations are decided in 2022 and 2023 in both state and federal courts.

Whether reviewing data misuse, unlawful storage, or improper safeguarding of personal identifiers, and other negligence by companies or organizations, we work to locate and use the best privacy and data security experts and expert witnesses across the country who are experienced in all relevant state laws.

Types of biometrics privacy claims

Illinois law data security violations that we handle for our clients include, but are not limited to, the collection, retention and/or use of biometric identifiers without informed consent, such as:

• Facial recognition technology
• Face geometry
• Voiceprint
• Retina or iris scan
• Fingerprints
• Social Security Number (SSN)
• Photo scanning (ex: Google Photos)
• Altered reality (ex: online shopping)
• Scan of hand
• Authentication via biometric technology in other forms

Free consultation with Chicago-based biometric privacy lawyers

The biometric privacy attorneys at Romanucci & Blandin have proven success in these types of cases and class actions. Please get in touch with our office at 312-458-1000 or click here for a free evaluation of your biometric privacy case. There is never a fee until you are compensated for your injuries at the end of the case.

Disclaimer: The content found on this page is not legal assistance and contacting the mass tort and class action lawyers at Romanucci & Blandin’s law office for a free consultation regarding personal injury cases and wrongful death claims does not constitute an attorney-client relationship.