The Biometric Information Privacy Act (BIPA) was passed by the Illinois General Assembly on October 3, 2008. Codified as 740 ILCS/14 and Public Act 095-994, the BIPA guards against the unlawful collection and storing of biometric information. When Illinois passed the law in 2008, it became the first state to regulate the collection of biometric information.Washington and Texas have since passed similar laws. However, the BIPA remains the only law that allows private individuals to file a lawsuit for damages stemming from a violation. The Act prescribes $1,000 per violation, and $5,000 per violation if the violation is intentional or reckless. Because of this damages provision, the BIPA has spawned many class action lawsuits.
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