BIPA Remains a Four-Letter Word

(Part of the biometric product marketing expert series)

If you’re a biometric product marketing expert, or even if you’re not, you’re presumably analyzing the possible effects to your identity/biometric product from the proposed changes to the Biometric Information Privacy Act (BIPA).

As of May 16, the Illinois General Assembly (House and Senate) passed a bill (SB2979) to amend BIPA. It awaits the Governor’s signature.

What is the amendment? Other than defining an “electronic signature,” the main purpose of the bill is to limit damages under BIPA. The new text regarding the “Right of action” codifies the concept of a “single violation.”

2	(b) For purposes of subsection (b) of Section 15, a
3	private entity that, in more than one instance, collects,
4	captures, purchases, receives through trade, or otherwise
5	obtains the same biometric identifier or biometric information
6	from the same person using the same method of collection in
7	violation of subsection (b) of Section 15 has committed a
8	single violation of subsection (b) of Section 15 for which the
9	aggrieved person is entitled to, at most, one recovery under
10	this Section.
11	(c) For purposes of subsection (d) of Section 15, a
12	private entity that, in more than one instance, discloses,
13	rediscloses, or otherwise disseminates the same biometric
14	identifier or biometric information from the same person to
15	the same recipient using the same method of collection in
16	violation of subsection (d) of Section 15 has committed a
17	single violation of subsection (d) of Section 15 for which the
18	aggrieved person is entitled to, at most, one recovery under
19	this Section regardless of the number of times the private
20	entity disclosed, redisclosed, or otherwise disseminated the
21	same biometric identifier or biometric information of the same
22	person to the same recipient.

So does this mean that Google Nest Cam’s “familiar face alert” feature will now be available in Illinois?

Probably not. As Doug “BIPAbuzz” OGorden has noted:

(T)he amended law DOES NOT CHANGE “Private Right of Action” so BIPA LIVES!

Companies who violate the strict requirements of BIPA aren’t off the hook. It’s just that the trial lawyers—whoops, I mean the affected consumers make a lot less money.