Illinois remains the gold standard for biometric privacy in the United States. While other states have passed similar laws, the Biometric Information Privacy Act (BIPA) continues to offer protections that simply do not exist elsewhere. This law affects how you unlock your phone, how you clock in at work, and how apps scan your face. Recent updates have refined the rules, but the core strength of the law remains intact in 2026.
The 2024 Amendment and the Single Violation Rule
Governor J.B. Pritzker signed a major amendment to BIPA that fundamentally changed how courts view privacy violations. Previously, a 2023 court ruling suggested that every single scan of a fingerprint or face counted as a separate violation. For an employee clocking in and out daily, this could have resulted in millions of dollars in fines for a single person.
The law now limits damages to a single violation per person. If a company fails to get your consent, they are liable once for the initial collection rather than every time you use the scanner. This change prevents “annihilative liability” that could bankrupt companies over technical errors. However, it still maintains the $1,000 to $5,000 penalty per person, which keeps the pressure on businesses to follow the rules.
Modernizing Consent with Electronic Signatures
Another key update clarified how companies can legally ask for your permission. The law now explicitly states that electronic signatures count as valid written consent. This includes clicking an “I Accept” box or using a digital stylus on a tablet.
This shift acknowledges the reality of modern tech. Before this update, there was legal debate over whether a digital checkmark was enough to satisfy the requirement for a “written release.” Now, employers and app developers have a clear path to compliance. They can integrate consent directly into their onboarding processes or app setups.
What Employers and Apps Can and Cannot Do
BIPA sets strict boundaries on how your biological data is handled. Companies must follow a specific three-step process before they touch your biometrics. They must inform you in writing that data is being collected. They must disclose the specific purpose and the length of time they will keep it. Finally, they must receive your signed consent.
Employers cannot sell, lease, or trade your biometric data for profit. They are also required to create a publicly available retention schedule. This policy must explain when your data will be permanently destroyed. Generally, this happens when the initial purpose for collecting it has been satisfied or within three years of your last interaction with the company.
Why Illinois Stands Alone in the Courtroom
Illinois is currently the only state where you can sue a private company directly for biometric misuse. This is known as a “private right of action.” While states like Texas and Washington have biometric laws, only the state attorney general can enforce them. In those states, if a company mishandles your face scan, you have to hope the government takes up your case.
In Illinois, you are the gatekeeper of your own data. You do not even have to prove that you suffered financial harm or identity theft to win. The Illinois Supreme Court has ruled that the loss of control over your biometrics is an injury in itself. This unique legal power is why we still see major settlements. For example, in February 2026, a $4.7 million settlement was reached involving facial scanning technology in a skincare app. It remains the most potent tool for citizens to hold big tech and employers accountable for their digital fingerprints.
How do you feel about your biometric data being used at your workplace or on your favorite apps? Leave a comment below and share your thoughts.
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