Biometric privacy litigation has exploded in the last several years, with the current hot spot focus in Illinois. Class actions under the Illinois Biometric Information and Privacy Act (“BIPA”) have flooded the Illinois state and federal courts since a January 2019 Illinois Supreme Court decision.
The Illinois Statute
The Illinois legislature passed the state’s BIPA in 2008 to address the enhanced risk of identity theft associated with the collection and processing of biometric data (fingerprints, voiceprints, facial identifiers, retinal scan data, etc.).