A Note by Anastasiia Cheban
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Over the past several years, the Illinois’ Biometric Information Privacy Act (BIPA) has expanded in scope and other states have adopted similar acts.[1] BIPA requires businesses and private entities that collect any biometric information from individuals to disclose that collection.[2] The act prohibits collecting, capturing, purchasing, or obtaining an individual’s biometric information without a written disclosure of the nature of the collection.[3]
Other states have also been influenced by Illinois’ legislation on the collection, retention, and sale of biometric information.[4] For example, Texas adopted a similar statute in 2009, titled, the “Capture or Use of Biometric Identifier Act” (CUBI).[5] The act is structured similarly to BIPA; however, it has significant differences that affect its enforcement, which has affected the number of lawsuits brought under the act.[6] Although there are only three states that have active legislation, other states have considered passing biometric privacy laws.[7] However, these statutes, like those in Illinois and Texas, greatly differ in their scope and enforceability.[8]
[1] See David E. Morrison, Illinois Supreme Court Further Expands the Scope of the Biometric Information Privacy Act, Goldberg Kohn (Feb. 16, 2023), https://www.goldbergkohn.com/news/illinois-supreme-court-further-expands-the-scope-of-the-biometric-information-privacy-act/; Tex. Bus. & Com. Code § 503.001 (2009).
[2] See Anjali C. Das, Beware of BIPA and other biometric laws – an overview, Reuters (Jul. 22, 2023, 9:05 AM), https://www.reuters.com/legal/legalindustry/beware-bipa-other-biometric-laws-an-overview-2023-06-22/.
[3] 740 Ill. Comp. Stat. 14/15(b) (2008).
[4] See Tony Riley, Illinois’ biometric privacy law provides blueprint as states seek to curb data collection, Cyberscoop (Feb. 28, 2023), https://cyberscoop.com/states-bipa-biometric-privacy-legislation-illinois/.
[5] Tex. Bus. & Com. Code § 503.001 (2009).
[6] Id.
[7] See U.S. Biometric Laws & Pending Legislation Tracker, Bryan Cave Leighton Paisner LLP (Jun. 2, 2023), https://www.bclplaw.com/en-US/events-insights-news/us-biometric-laws-and-pending-legislation-tracker.html.
[8] Id.