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Illinois Law BlogLegal updates, news, and commentary from the attorneys of Baker Sterchi Cowden & Rice LLC

Illinois Legislature Proposes to Amend the Biometric Informational Act, Deleting Private Right of Action

May 16, 2019 | Laura Beasley

Proposed amendments to Illinois’ Biometric Information Privacy Act “BIPA” are welcomed by employers who have been bombarded with class action lawsuits in Illinois since the Rosenbach decision. SB 2134 provides that any violation resulting from the collection of biometric information by an employer for employment purposes is subject to the authority of the Department of Labor and must be enforced by the Attorney General. The proposed amendments would likely eliminate the influx of class action litigation into our court system, shifting the claims for violations to the Illinois Department of Labor from the State and Federal Courts. 

This is not the only proposed amendment to BIPA, which shows the legislators’ realization of much needed clarification to the Act. HB3024 was introduced to further define biometric identifier as to include electrocardiography results from a wearable device.  

Until the proposed amendments to BIPA are passed, stripping an individual’s right of action and clarifying the definition of biometric identifiers, Illinois employers will likely face a slew of class action lawsuits.  

The proposed amendments to the BIPA are referred to committee but no hearing dates have been set at this time. We will follow the process of the proposed amendments and update this post as necessary.

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About Illinois Law Blog

The BSCR Illinois Law Blog examines significant developments, trends and changes in Illinois law on a broad range of topics that are of interest to Illinois practitioners and to businesses evaluating risks under Illinois law or managing litigation subject to Illinois law. Learn more about the editor, Lisa Larkin.

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