Biometric Information Privacy Act (BIPA)

The Biometric Information Privacy Act (BIPA) is a landmark piece of legislation enacted by the state of Illinois in 2008 to regulate the collection, use, and storage of biometric data. This law was created in response to growing concerns about biometric privacy and the potential misuse of identifiers such as fingerprints, facial scans, iris patterns, and voiceprints. The Biometric Information Privacy Act (BIPA) requires organizations to obtain informed consent before collecting or storing biometric identifiers, to disclose the purpose and length of data retention, and to implement appropriate safeguards to ensure biometric protection. Unlike many other privacy laws, Illinois BIPA provides individuals with a private right of action, allowing them to sue organizations that violate the act.

The Illinois BIPA was enacted following a series of data breaches involving biometric technologies and a growing awareness that such identifiers are uniquely sensitive. Unlike passwords, biometric data cannot be changed once compromised. As biometric usage expanded into everyday business operations, healthcare, and security systems, Illinois legislators recognized the need for proactive safeguards. The act set a precedent in the U.S. for how biometric privacy should be treated, focusing on transparency, informed consent, and proper data handling to mitigate the risks associated with misuse or unauthorized sharing of biometric information.

Over time, other states have followed Illinois’ lead by introducing their own biometric laws or embedding biometric protections into broader privacy frameworks. The Delaware Personal Data Privacy Act (DPDPA), for example, explicitly includes biometric data within its scope of protected information. Similar to the Illinois BIPA, the DPDPA requires clear communication about data collection practices and the intended use of biometric identifiers, reflecting the national trend toward stronger biometric protection standards. As technologies such as facial recognition and fingerprint authentication become more prevalent, these state-level laws collectively aim to ensure ethical and secure biometric usage.

Imprivata works closely with healthcare organizations and enterprises to help them comply with evolving biometric privacy and protection requirements, including Illinois BIPA and similar legislation in other jurisdictions. By enabling customer-specific consent management, secure storage, and configurable data handling, Imprivata Patient Access ensures that biometric workflows meet the highest standards of compliance and trust. As biometric technologies continue to shape modern identity management and authentication, Imprivata’s healthcare solutions support organizations in maintaining security, patient privacy, and regulatory compliance in an increasingly complex digital environment.