A Finger on the Pulse of Biometric Privacy: What Illinois’ New BIPA Amendment Means for Employers

Illinois’ Biometric Information Privacy Act (BIPA) was enacted to protect individuals from the risks associated with the misuse of biometric data, such as fingerprints and facial scans. However, expansive litigation—particularly after the Illinois Supreme Court’s decision in Cothron v. White Castle Systems, which allowed “per scan” damages—exposed employers to potentially catastrophic liability. In response, the Illinois legislature enacted SB2979 in 2024, amending BIPA to eliminate per-scan damages and limit recovery to a single violation per individual, while also clarifying that electronic signatures satisfy the Act’s consent requirements.