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Was YourBiomentreicData Collected without Your Consent?

The Biometric Information Privacy Act (BIPA) is a crucial law that protects individuals’ biometric data, such as fingerprints, facial recognition, and retinal scans, from being collected and misused without their knowledge and consent. In an age where businesses increasingly rely on biometric data for security and operational purposes, BIPA provides vital safeguards for consumers by establishing strict guidelines for how this sensitive information must be handled.

In recent years, there has been a significant rise in lawsuits related to BIPA violations, as companies have failed to comply with the law’s stringent requirements. These violations include collecting biometric data without proper consent, failing to disclose how the data will be used, or improperly storing or sharing the data. As a result, affected individuals have pursued legal action to hold companies accountable for these infringements on their privacy.

If you’ve been impacted by a company’s unauthorized use of biometric information, Law Experts is here to help you navigate the complexities of BIPA violation lawsuits and secure the compensation and justice you deserve. Take our quiz to find out if you qualify.

Overview of BIPA Requirements

BIPA places strict requirements on companies and organizations that collect biometric data from Illinois residents. These requirements ensure transparency and protect the privacy of individuals by giving them control over how their data is handled.

  • Obtaining Consent: Companies must obtain informed written consent from individuals before collecting or using their biometric data. This consent must clearly state the purpose of data collection and how long the data will be retained.
  • Disclosure of Information: Organizations must inform individuals about the specific purpose and duration for which their biometric data will be stored. Companies must also disclose how the data will be used and whether it will be shared with third parties.
  • Data Retention and Deletion: Companies are required to establish a publicly available retention schedule that specifies how long biometric data will be stored and when it will be destroyed. The data must be deleted when it is no longer needed or within a set timeframe after the individual’s last interaction with the company.
  • Prohibition on Sale or Disclosure: BIPA prohibits companies from selling, leasing, trading, or otherwise profiting from an individual's biometric data without consent. This ensures that biometric data is not improperly monetized or used for unauthorized purposes.
  • Reasonable Safeguards: Companies are required to implement reasonable security measures to protect biometric data from breaches, theft, or unauthorized access. This includes maintaining the confidentiality, integrity, and security of biometric information throughout its lifecycle.

BIPA was the first law of its kind in the United States and remains one of the strictest biometric privacy laws in the country. It has inspired other states to introduce similar legislation, but Illinois remains unique in allowing individuals to take legal action directly against companies that violate the law. As a result, BIPA violations can lead to significant legal consequences for businesses that fail to comply with its provisions.

Common BIPA Violations

Companies that collect and store biometric data must comply with the strict requirements set forth by the Biometric Information Privacy Act (BIPA). When organizations fail to adhere to these rules, they can be held legally responsible for violating individuals’ privacy rights. Common BIPA violations include improper data collection, failure to inform individuals about data use, and inadequate security measures. These violations can cause significant harm, as biometric data is sensitive and permanent, making it vulnerable to misuse if not properly protected.

  • Failure to Obtain Informed Consent: One of the most common violations of BIPA is the failure to obtain proper written consent from individuals before collecting their biometric data. Many companies collect fingerprints, facial recognition data, or other biometric identifiers without informing individuals about the purpose of the data collection or how it will be used. BIPA requires companies to clearly explain why they are collecting this data and how long it will be stored.
  • Inadequate Disclosure: Even when companies do obtain biometric data, they often fail to provide the required disclosures. Under BIPA, businesses must inform individuals of the specific purpose for collecting their biometric data and the length of time the data will be retained. Failing to disclose this information or not providing a publicly accessible data retention policy is a violation of the law.
  • Improper Data Retention: BIPA mandates that companies cannot retain biometric data longer than necessary for the purpose for which it was collected. Once the data is no longer needed, or after a set period following the individual’s last interaction with the company, the data must be permanently deleted. Retaining data beyond this timeframe without a clear, justified reason violates BIPA and can expose companies to legal action.
  • Unauthorized Sharing or Sale of Biometric Data: BIPA prohibits companies from selling, leasing, trading, or otherwise profiting from biometric data without explicit consent from the individual. Sharing biometric data with third parties, especially without informing or obtaining consent from the data subject, is a violation of BIPA. Unauthorized sharing of data with vendors, affiliates, or business partners, without disclosure, also falls under this violation.
  • Failure to Secure Data: BIPA requires companies to implement reasonable security measures to protect biometric data from breaches, unauthorized access, and theft. A failure to safeguard this sensitive information adequately can lead to data breaches and expose individuals to identity theft and other risks. If a company does not have proper security protocols in place to protect biometric data, it may be in violation of BIPA and could be held liable in the event of a data breach.

These common BIPA violations highlight the importance of companies taking their obligations seriously when handling biometric data. If you believe your biometric data has been mishandled or collected without proper consent, you may have grounds for legal action under BIPA. Understanding these violations can help you protect your privacy rights and seek justice when they are infringed upon.

Common BIPA Violations

LegalImplicationsof BIPA Violations

The Biometric Information Privacy Act (BIPA) provides individuals with the right to control how their biometric data is collected, used, and stored. When companies violate BIPA by mishandling biometric information, they can face serious legal consequences. BIPA empowers individuals to take legal action against companies that fail to comply with its strict regulations, potentially leading to significant financial penalties and changes to data-handling practices.

Individual Rights Under BIPA

BIPA grants individuals several important rights regarding their biometric data:

  • Right to Consent: Individuals must provide informed written consent before their biometric data is collected or used. This ensures they are fully aware of how their sensitive information will be handled.
  • Right to Disclosure: Individuals have the right to be informed about how their data will be used, stored, and for how long. Companies are obligated to provide clear details regarding the purpose of data collection and retention policies.
  • Right to Security: BIPA mandates that organizations must take reasonable steps to protect biometric data from unauthorized access, breaches, or theft. Failure to do so can result in legal action.

Legal Consequences for Companies

Companies that violate BIPA can face significant legal and financial consequences. BIPA allows individuals to file lawsuits against companies that fail to meet their obligations under the law. Penalties for violations include:

  • Statutory Damages: Companies found in violation of BIPA can be required to pay:
    • $1,000 per violation if the company acted negligently.
    • $5,000 per violation if the company willfully or recklessly violated BIPA.

These damages can accumulate quickly in cases involving multiple individuals or instances of non-compliance.

  • Injunctive Relief: Courts may issue orders requiring companies to change their data-handling practices to comply with BIPA. This could include implementing new security measures, deleting improperly stored data, or ceasing the collection of biometric information without consent.
  • Class Action Lawsuits: Many BIPA lawsuits are filed as class actions, where a group of individuals affected by the same violation files a joint lawsuit against the offending company. Class action lawsuits often result in larger settlements or verdicts due to the collective impact of the violation.

Class Action LawsuitsandTheir Role in BIPA Enforcement

Class action lawsuits have become a powerful tool for enforcing BIPA, particularly in cases where a company’s actions have affected a large number of people. These lawsuits enable individuals to pool their claims and resources, making it easier to challenge large corporations and seek compensation for widespread violations. Several high-profile BIPA class action lawsuits have led to significant settlements, forcing companies to reevaluate their data privacy practices and take greater care when handling biometric information.

Compliance Requirements

BIPA’s legal implications extend beyond financial penalties. Companies found in violation may face regulatory scrutiny and reputational damage, which can have lasting effects on their business operations. To avoid these consequences, companies must:
  • Obtain written consent from individuals before collecting their biometric data.
  • Clearly disclose the purpose and duration of data collection and storage.
  • Implement robust security measures to protect biometric data.
  • Ensure they are not sharing, selling, or profiting from biometric data without proper authorization.
BIPA violations are taken seriously by courts, and companies that fail to comply may face hefty fines and other penalties. For individuals affected by these violations, BIPA offers a strong legal framework to seek justice and compensation.

Frequently Asked Questoions about BIPALawsuits

What is biometric data, and why is it important?

Biometric data refers to unique biological characteristics used to identify individuals, such as fingerprints, facial recognition data, retinal scans, voiceprints, and hand geometry. Unlike passwords or identification cards, biometric data is inherently tied to an individual and cannot be easily changed or replaced. This makes it particularly sensitive and valuable, requiring strict protection to prevent misuse.

What rights do I have under BIPA?

Under the Biometric Information Privacy Act (BIPA), you have the right to:

  • Be informed about the collection, use, and storage of your biometric data.
  • Provide or withhold written consent before a company collects your biometric data.
  • Be assured that your biometric data will not be sold, traded, or shared without your explicit consent.
  • Have your biometric data stored securely, with measures in place to prevent unauthorized access or breaches.
  • Take legal action against companies that violate BIPA and recover compensation for damages.

What are common violations of BIPA?

Common BIPA violations include collecting biometric data without informed consent, failing to disclose how data will be used and stored, retaining biometric data longer than necessary, sharing or selling data without permission, and failing to implement adequate security measures to protect the data.

Can I file a lawsuit if my biometric data was collected without my consent?

Yes, if your biometric data was collected without your informed consent or if a company violated other BIPA requirements, you have the right to file a lawsuit. BIPA allows individuals to take direct legal action against companies that mishandle biometric information, and successful claims can result in statutory damages, injunctive relief, or both.

What compensation can I receive from a BIPA violation lawsuit?

Under BIPA, you may be entitled to:

  • Statutory Damages: $1,000 for each negligent violation or $5,000 for each intentional or reckless violation.
  • Actual Damages: Compensation for any actual financial harm or losses caused by the violation.
  • Injunctive Relief: A court order requiring the company to correct its practices and ensure future compliance with BIPA.

How long do I have to file a BIPA violation lawsuit?

The statute of limitations for filing a BIPA lawsuit is typically five years from the date of the violation. However, it is important to act promptly, as delays could weaken your case or result in lost opportunities to recover damages.

Are class action lawsuits common for BIPA violations?

Yes, many BIPA lawsuits are filed as class actions, especially when a large group of people has been affected by the same violation. Class action lawsuits allow individuals to join together to hold companies accountable and often result in larger settlements or verdicts.

How can I prove a BIPA violation?

To prove a BIPA violation, you will need evidence that a company collected, used, or stored your biometric data without following the law’s requirements. This could include documentation of data collection practices, records showing a lack of informed consent, or evidence that the company failed to disclose data usage or retention policies. Consulting with an attorney experienced in BIPA litigation can help you gather the necessary evidence.

Fill Out Our Questionnaire for a FreeBIPACaseEvaluation

If your biometric data has been collected or mishandled in violation of the Biometric Information Privacy Act (BIPA), you have the right to take legal action. At Law Experts, we specialize in helping individuals and groups seek justice for BIPA violations, ensuring that your privacy rights are protected and that you receive the compensation you deserve.

To get started, fill out our online questionnaire. This helps us gather essential details about your case and assess whether your rights have been violated under BIPA.

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