Biometric Information Privacy Act (BIPA)
SB 2400
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 reports 9 tracked regulations with 8 already in force, giving the state a regulatory strictness score of 62/100 relative to the national baseline. PlainRegWatch last verified this entry on 2026-03-18.
Nationally, 10 states have enacted ai regulation statutes 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=3004Frequently Asked Questions
Which states have ai regulation regulations?
As of the last verification, 6 states have enacted ai regulation regulations, with 0 additional bills pending across other states. Illinois is among the states that has enacted such legislation. Browse all ai regulation regulations at plainregwatch.com for the complete state-by-state comparison.
When was Biometric Information Privacy Act (BIPA) enacted?
Biometric Information Privacy Act (BIPA) was enacted on 2008-10-03 and became effective on 2008-10-03. It was introduced as SB 2400.
What are the penalties for violating Biometric Information Privacy Act (BIPA)?
$1,000/negligent, $5,000/willful. Private action + attorney fees. Settlements: $650M Facebook, $228M TikTok. Note that enforcement mechanisms and penalty structures may vary. Consult the official statute and qualified legal counsel for specific compliance requirements.
Does Biometric Information Privacy Act (BIPA) apply to small businesses?
Any private entity collecting biometric identifiers in IL. Many state regulations include thresholds or exemptions for smaller organizations. Review the full applicability criteria and consult legal counsel to determine your obligations.
How does Illinois compare to other states on ai regulation?
Illinois has a regulatory strictness score of 62/100, based on 8 enacted regulations out of 9 tracked. Nationally, 6 states have enacted ai regulation laws. Visit our state comparison page for a full ranking.
Where can I read the full text of Biometric Information Privacy Act (BIPA)?
The official text of Biometric Information Privacy Act (BIPA) (SB 2400) is available from the Illinois legislature. PlainRegWatch links to the official source for every tracked regulation. We recommend reviewing the full statute alongside qualified legal counsel for compliance planning.
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Disclaimer: This summary is provided for informational purposes only and does not constitute legal advice. Regulation details may have changed since last verification (2026-03-18). Always consult official sources and qualified legal counsel for compliance guidance.
Read our methodology — how this data is sourced, computed, and verified.
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| Publisher | Kiznis Studio |
| Sources | Public state legislatures, IAPP, NCSL, and federal regulatory trackers |