Data Protection
BIPA (Biometric Information Privacy Act)
Illinois law requiring consent for biometric data collection, frequently applied to AI facial recognition.
Definition
The Illinois Biometric Information Privacy Act (BIPA) is the most significant US biometric privacy law and has generated substantial AI litigation. Key requirements:
- Written policy: Public retention and destruction schedule for biometric data
- Informed consent: Written release before collecting biometric identifiers
- Disclosure limits: Prohibitions on selling or disclosing biometric data
- Data security: Reasonable protection standards
BIPA implications for AI:
- Facial recognition systems collecting "face geometry" require consent
- Voice recognition capturing "voiceprints" triggers BIPA
- AI training on biometric data requires compliance
- Private right of action with statutory damages ($1,000-$5,000 per violation) has produced major class actions
Sources
- •740 ILCS 14
- •Illinois BIPA
Related Terms
Facial Recognition
AI technology that identifies or verifies individuals by analyzing facial features from images or video....
Biometric Categorisation System
An AI system that assigns individuals to categories (e.g., age, sex, ethnicity) based on biometric data....
Statutory Damages (AI)
Fixed damage amounts specified by law for AI-related violations regardless of actual harm....