Collection of your biometric data is illegal in Illinois under certain circumstances. If federal immigration agents photographed you or scanned your fingerprints, you may qualify for a civil claim. Contact WBE today to discuss your rights.
Your biometric data, including data that can be used to identify you by based on a photo or fingerprint, belongs to you. Under Illinois law, entities are generally required to obtain informed written consent before collecting or storing this information. When they fail to do so, it’s not just invasive— it may be illegal.
Under the Illinois Biometric Privacy Act (BIPA), you have the right to know:
- Who collected your biometric data
- Why it was collected
- How long it will be stored
- Whether it was shared or sold
If federal immigration agents photographed you or scanned your fingerprints during an encounter, your privacy rights may have been violated. WBE’s attorneys have helped numerous Illinois residents stand up for their rights against unlawful biometric scans, and your ICE interaction may matter more than you think. Contact us today for a free and fully confidential review of your encounter.
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What are Your Rights Under BIPA?
Biometric data is permanent, which is why Illinois law treats it with such strict protections. Under BIPA:
- You must be informed in writing before your data is collected.
- You must consent to the collection.
- You must be told how your data will be used, stored, and destroyed.
- You can take legal action if these rules are broken.
WBE’s team has decades of experience representing consumers, whistleblowers, and victims of fraud and abuse. We believe your rights matter, and we work to defend them. Contact WBE today to discuss your potential claim. All inquiries are 100% confidential.
Understanding the Illinois Biometric Information Privacy Act (BIPA)
The Illinois Biometric Privacy Act (BIPA) is one of the strongest data-privacy laws in the country. Enacted in 2008, BIPA was created to protect Illinois residents from the unauthorized collection and storage of biometric identifiers, such as facial-recognition data, fingerprints, iris or retina scans, and voiceprints. The Act was passed into law in late 2008 and still stands as a model for the protection of biometric data.
Under BIPA, entities that collect or use biometric information generally must first provide written notice explaining what data is being gathered, why it’s being collected, and how long it will be stored. The entity must also obtain written consent from the individual before capturing or storing that data. These requirements apply to a wide range of companies and organizations, including employers, retailers, and technology providers.
BIPA also gives Illinois residents the right to take legal action if their biometric privacy rights are violated. Individuals can seek statutory damages of $1,000 per negligent violation or $5,000 per reckless or intentional violation.
Defend Your Biometric Privacy Rights
If a federal immigration official photographed you or scanned your fingerprints in Illinois, your privacy rights under BIPA may have been violated. Our team can help you understand your rights and determine if you have a BIPA claim under Illinois law. Contact us today for a free and confidential consultation.