Litigation under the Illinois Biometric Information Privacy Act (BIPA) has become a cottage industry for the plaintiffs’ bar. To minimize the risk of future litigation, companies thinking about using biometric technology or those that have already implemented the technology should develop (or revise) policies and best practices for using it. In this second article of a two-part series, we provide practical steps that companies that use or plan to use biometric technology can take to avoid liability under Illinois’ and potentially other states’ laws. Part one
discussed current issues and trends in BIPA litigation. See “No End in Sight: Biometrics Litigation Trends
” (Mar. 16, 2022).