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Employers Take Heed: Follow Illinois Biometric Privacy Rules or Risk a Losing Battle

February 16, 2022

Employers in Illinois who collect, use, or retain their employees’ biometric data—personal information such as fingerprints or facial or voice recognition—need to be aware of a recent legal development.

As we have explained before, Illinois was the first state to enact a law restricting the collection and storage of biometrics, and it remains the frontline for advancement of jurisprudence on the subject. The Illinois Biometric Information Privacy Act (BIPA) requires entities, including employers, that collect biometric data to follow a number of protocols, including maintaining a written policy about the collection and storage of biometric data, providing owners of biometric information (in this case employees) with written notice of such practices, and obtaining informed consent from individuals subject to biometric data collection.

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