Illinois’s Biometric Information Privacy Act (BIPA) was passed in 2008 but over the past few years has been the basis for hundreds of proposed class action lawsuits. As originally drafted, the law contains potentially overbroad definitions of “biometric information” and “biometric identifiers” and generally addresses the protection of such information collected from Illinois residents.
Two proposed amendments to BIPA are pending in the Illinois legislature. The first is a bill that would delete the private right of action that is currently available under BIPA; SB2134 was referred to the Assignments Committee of the Illinois Senate where it remains.
The other bill would expand BIPA’s definition of “biometric identifier” to include an “electrocardiography result from a wearable device”. HB3024 is pending before the Rules Committee of the Illinois House of Representatives. It remains to be seen if either bill will advance and ultimately be passed as modifications to BIPA.Access BIPA here,SB2134 here and HB3024 here
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