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ARE BIO SCANS ILLEGAL?

In most cases, companies can't ask for things like fingerprints or facial scans to identify you - unless you grant permission.  If they do they are likely violating your data privacy rights.

The Biometric Information Privacy Act in Illinois (BIPA) is a pioneering law that aims to protect residents from the misuse of their biometric data. Are your rights being violated?

You May be Entitled to Compensation

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100

100 M +

40

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YEARS OF 
EXPERIENCE
WON FOR OUR
CLIENTS
HAPPY CLIENTS
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What Is BIPA?

The Biometric Information Privacy Act (BIPA) regulates how companies in Illinois collect, use, and store this unique data (like fingerprints for phone unlocking or facial scans for work). BIPA ensures companies handle this sensitive information responsibly to address growing privacy concerns. If a company violates your biometric privacy rights, you may be entitled to seek damages of up to $5,000 for each unlawful collection or misuse of biometric information.

Check out this downloadable for more info.

Types of Biometric Scans
Covered by the Illinois BIPA Law

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1

Fingerprint Scans

Used in various security systems and devices, fingerprint scans are perhaps the most familiar form of biometric verification.

2

Facial Recognition

From unlocking smartphones to verifying identities at airports, facial recognition technology analyzes the unique features of a face to identify an individual.

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3

Voice Recognition

Used for accessing secure information through call centers or virtual assistants, voice recognition technology analyzes vocal characteristics to verify a person’s identity.

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How Does BIPA Protect You?

  • Consent is Key: Before a company can collect or obtain your biometric data, they must first inform you in writing about what they're collecting, why they're collecting it, and how long they plan to keep it. Most importantly, they need your written consent.

  • Safeguarding Your Data: Companies must use a reasonable standard of care, comparable to how they protect other confidential and sensitive information, to keep your biometric data safe.

  • Prohibition on Selling Data: Your biometric data cannot be sold, leased, traded, or otherwise profited from. It's not a commodity.

  • Limited Disclosure: There are strict rules about when and to whom your biometric data can be disclosed. Generally, without your consent, this information shouldn't be shared.

Are Your Rights Being Violated??

Despite these protections, there are ways your biometric privacy rights could be infringed upon:

  • Without Proper Notice: If a company collects your biometric data without telling you exactly what they're collecting, why, and for how long, your rights are being violated.

  • Lack of Consent: Collecting, storing, or using your biometric data without obtaining your explicit consent is a direct violation of BIPA.

  • Inadequate Security: If a company fails to protect your biometric data with a reasonable level of security, leaving it vulnerable to breaches, they're not complying with BIPA.

  • Unauthorized Sharing: If your data is shared without your consent, or for reasons not specified when you gave consent, that's a violation.

Don't let anyone take your biometric information! Reach out to Simon Law Co. for a

FREE CONSULTATION

We will help you figure out your rights and fight for what you're owed. You deserve fair treatment, and we're here to help.

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