Biometric Information Privacy Act (BIPA)

What is BIPA and Who Must Comply?

The Biometric Information Privacy Act (BIPA) is an Illinois statute that regulates the collection, use, and storage of biometric information by private entities. It involves obtaining informed consent from individuals and informing them on how their data is being handled.

Biometric data covered by BIPA includes the following:

  • Fingerprints
  • Facial recognition
  • Retina Scans
  • Voiceprints

As one of the strongest biometric laws to ensure the confidentiality of personal data to minimize law violations, the Biometric Information Privacy Act remains the foundation for many high-profile lawsuits against companies like Facebook and Google.

Your Rights Under BIPA

BIPA requires private entities to adhere to guidelines, including the following:

  • Businesses must publish and follow a written policy for data retention and destruction.
  • Companies must give written notice of purpose, retention period and get written consent before collection.
  • Prohibits disclosure without consent (except in limited circumstances).

BNSF Railway BIPA Lawsuit

BNSF Railway is one of the largest freight railroad networks in North America. In 2014, a plaintiff sued the company for allegedly violating the Biometric Information Privacy Act by having individuals use their fingerprints to get through an automated gate system without consent. The plaintiff claims that he never gave written permission to collect his fingerprints, nor was he informed of how long BNSF would store his data.

In 2022, after other reported instances of nonconsented data collection, BNSF claimed that a third-party company, Remprex, gathered the biometric information. Still, the jury found that BNSF’s BIPA violations were reckless and intentional, which resulted in a $228 million judgment.

Choosing Forester Haynie for BIPA Claims

Forester Haynie has years of experience working with individuals in challenging situations, including those with privacy concerns related to BIPA. If you believe your personal biometric privacy rights have been violated, please contact our team today. Case settlements often take time, so please be patient while we fight for you. Forester Haynie does not charge our clients any upfront fees or case costs. Unlike other firms, we only receive payment once you do.

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