Facial Recognition Ban: Chicago vs Skokie

Can my employer use facial recognition for clock-in?

Only with prior written informed consent under BIPA, a public privacy policy, and a retention schedule. Many Illinois employers have settled BIPA suits over fingerprint timeclocks; facial recognition carries the same risk profile.

Does CPD use facial recognition?

CPD historically used Clearview AI but the 2022 ACLU settlement bars CPD from using Clearview for five years. CPD continues to operate other facial recognition tools subject to oversight and consent decrees.

Is there a facial recognition ban in Cook County?

No. Cook County and Chicago do not have explicit facial recognition prohibitions, though Chicago has limited use for criminal investigations. Statewide, BIPA applies to private-entity biometric collection and creates strong consent requirements with statutory damages.

Does BIPA apply to my employer's fingerprint timeclock?

Yes. Illinois employers using fingerprint or facial-geometry timeclocks must obtain written informed consent before scanning, publish a retention schedule, and never sell the data. Failure exposes the employer to per-employee statutory damages, often resolved through class-action settlements.

What about police use of facial recognition?

BIPA exempts state and local government agencies from its private-entity rules. Chicago Police Department and Cook County Sheriff face separate Illinois Law Enforcement Officer-Worn Body Camera Act and Illinois Constitution privacy constraints, plus internal policies on facial recognition use.