AI Regulation · Illinois
Biometric Information Privacy Act (BIPA)
SB 2400 - enacted in Illinois.
- Status
- Enacted
- Enacted
- 2008
- States with ai regulation laws
- 6
- Illinois tracker score
- 62/100 Top 10%
The bottom line
Biometric Information Privacy Act (BIPA) is an enacted law in Illinois, part of a still-emerging ai regulation landscape.
- Enacted
- effective 2008-10-03
- 6
- states have ai regulation laws
- 10/10
- ai regulation laws enacted nationally
- 62/100
- Illinois tracker score
Data compiled 2026-03-18 from the official Illinois legislative record linked below; laws can be amended or repealed after this date.
Category catalog share · regulations
How 10 tracked ai regulation records split by state
Exclusive Illinois vs other-state counts in this category (sum to the category total). Orthogonal to the peer scatter below, which plots enacted volume against portal tracker score.
Regulatory Snapshot: Biometric Information Privacy Act (BIPA)
Biometric Information Privacy Act (BIPA) (SB 2400) is an enacted law in Illinois under the AI Regulation category. It was enacted on 2008-10-03 and becomes effective on 2008-10-03. Illinois currently has 9 regulations tracked here, with 8 records marked enacted in this dataset. PlainRegWatch's tracker score is 62/100; it summarizes coverage within the five categories this site tracks and is not an official state rating. PlainRegWatch compiled this entry's data on 2026-03-18; consult the linked official source for the current, authoritative text.
Nationally, 10 ai regulation statutes have been enacted and 0 additional bills remain pending - 6 distinct jurisdictions have codified rules in this area so far. That places Illinois within a still-emerging ai regulation landscape where compliance programs typically hinge on definitions in SB 2400 itself.
Applicability under Biometric Information Privacy Act (BIPA): Any private entity collecting biometric identifiers in IL. Penalty exposure is documented as: $1,000/negligent, $5,000/willful. Private action + attorney fees. Settlements: $650M Facebook, $228M TikTok. Notable exemptions: Government agencies, GLBA, HIPAA entities..
Summary
Pioneering biometric privacy with private right of action. Major AI litigation driver.
Key Requirements
- Written consent for biometric collection.
- Retention/destruction policy.
- No profit from biometric data.
- Private action.
Penalties
- $1,000/negligent, $5,000/willful.
- Private action + attorney fees.
- Settlements: $650M Facebook, $228M TikTok.
Applicability
- Any private entity collecting biometric identifiers in IL.
Exemptions
- Government agencies, GLBA, HIPAA entities.
Official Source
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3004Category context
How Illinois sits among ai regulation peers
6 states have a tracked record in ai regulation ; Illinois ranks #4 by portal tracker score among those peers. Each point is one state with at least one ai regulation regulation in this archive.
Read the peer-state figures
- California: 3 enacted of 3 tracked ai regulation records, tracker score 100/100.
- Colorado: 1 enacted of 1 tracked ai regulation record, tracker score 76/100.
- Texas: 1 enacted of 1 tracked ai regulation record, tracker score 69/100.
- Illinois (this state): 3 enacted of 3 tracked ai regulation records, tracker score 62/100.
- New York: 1 enacted of 1 tracked ai regulation record, tracker score 62/100.
- Utah: 1 enacted of 1 tracked ai regulation record, tracker score 55/100.
Dashed lines mark the peer averages in this category. The tracker score summarizes enacted records across all five policy areas PlainRegWatch tracks; it is not enforcement strength or legal burden. Read how tracker scores are computed.
Tracker-score ranking on ai regulation
Top peer states by portal tracker score among jurisdictions with a ai regulation record in this archive.
| # | State | Tracker score |
|---|---|---|
| 1 | California | 100 |
| 2 | Colorado | 76 |
| 3 | Texas | 69 |
| 4 | Illinois (this state) | 62 |
| 5 | New York | 62 |
| 6 | Utah | 55 |
Read with Biometric Information Privacy
Nearest ai regulation volume peers and same-state archive siblings for this ENACTED · DENSE row.
ENACTED DENSE
California · 3 enacted
California holds 3 enacted ai regulation rows (more by 0 than Illinois); tracker 100/100.
New York · 1 enacted
New York holds 1 enacted ai regulation rows (fewer by 2 than Illinois); tracker 62/100.
Texas · 1 enacted
Texas holds 1 enacted ai regulation rows (fewer by 2 than Illinois); tracker 69/100.
Utah · 1 enacted
Utah holds 1 enacted ai regulation rows (fewer by 2 than Illinois); tracker 55/100.
AI Video Interview Act · ENACTED
Another Illinois archive row (AI Regulation) stamped ENACTED beside ENACTED Biometric Information Priva….
Illinois Human Rights Act — AI Amendment · ENACTED
Another Illinois archive row (AI Regulation) stamped ENACTED beside ENACTED Biometric Information Priva….
Disclaimer: This summary is provided for informational purposes only and does not constitute legal advice. Regulation details may have changed since this data was compiled (2026-03-18). Always consult official sources and qualified legal counsel for compliance guidance.