Illinois Biometric Information Privacy Act 740 ILCS 14 effectively bans private facial recognition without written consent and is among the nation's strongest. Chicago Police Department use of facial recognition has drawn lawsuits and a 2020 policy curtailing Clearview AI use.
BIPA 740 ILCS 14 requires private entities to obtain written consent before collecting, storing, or sharing biometric identifiers including faceprints, fingerprints, and iris scans. Penalties run $1,000 per negligent violation and $5,000 per willful violation, with a private right of action that has produced billion-dollar class settlements such as Facebook 2020 and Clearview AI 2022. Chicago has no separate ban, but the City and CPD entered the 2022 ACLU Clearview settlement that prohibits CPD from contracting with Clearview AI for five years. Real-time CPD facial recognition use remains controversial. Cook County's ALPR and ShotSpotter programs raise related concerns. Public-sector facial recognition is governed by separate procurement and consent decrees.
Capturing or sharing facial biometrics without informed written consent breaches BIPA, exposing firms to $1,000-$5,000 per individual statutory damages, attorney fees, and class-action liability easily reaching seven figures.
Chicago, IL
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Chicago, IL
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Chicago, IL
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See how Chicago's facial recognition ban rules stack up against other locations.
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