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Client Update on BIPA

Nick Kahlon, Geoffrey Young, and Blake Kolesa

On May 16, 2024, the Illinois General Assembly passed amendments to the Illinois Biometric Information Privacy Act (“BIPA”) clarifying that (1) each time a company collects biometrics from the same individual constitutes a single potential violation of BIPA (rather than each collection constituting a separate violation);[1] and (2) BIPA’s “written release” definition includes releases signed electronically. See SB 2979 at 2:22–25, 3:6–7, 4:2-10.  The Bill now awaits Governor J.B. Pritzker’s signature or veto. If signed, the amendments will take effect immediately, but the retroactive application of the amendments to past violations and prior suits will be left to further litigation.