Getting Bipa Right: Biometric Identifiers Must Identify

The Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS 14/1 et. seq., is one of the most hotly litigated privacy statutes in the country. As it stands, there is no clear appellate authority on BIPA’s reach in at least one critical aspect. Namely, whether BIPA applies to data that cannot identify a person. District courts are currently split on this issue, with some courts concluding that BIPA applies even in instances where an incidental “scan” of someone’s face is incapabl