As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the statute’s vague language and several court decisions interpreting the statutory language, Illinois businesses and employers have been assaulted by a deluge of lawsuits with few if any viable defenses, and the prospect of astronomical damages awards despite the lack of harm to plaintiffs. This paper further demonstrates that the failure to understand how Illinois businesses and employers utilize biometric technology for security, identification, and convenience in the workplace has resulted in an undue hardship placed on businesses. Lastly, this paper demonstrates how the exorbitant and ballooning settlements are unsustainable and crippling to businesses in the state of Illinois.
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