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Compliance FrameworksAmericas

Illinois BIPA

Illinois Biometric Information Privacy Act - written consent, retention schedule, private right of action.

Illinois Biometric Information Privacy Act - written consent, retention schedule, private right of action.

Short nameBIPA
RegionAmericas
Country or scopeUnited States
SectorPrivacy
In your workspaceOn unless you switch it off in Compliance โ€บ Manage.

How Safeguard covers BIPA

  • Scan requirements: 5, all decided by a scan.
  • Controls: the scan requirements below, plus 8 controls from Safeguard's control catalog for BIPA.
  • Automated tests: none map to it directly. You can link any automated test to its controls yourself (how).
  • Policy templates: 24: 2 written for BIPA and 22 from the standard set.

How each kind of coverage works, and what the readiness score counts: Compliance frameworks.

What a scan checks

Each scan of a product checks these 5 requirements against what the scan found, including the product's software inventory (SBOM).

RequirementWhat Safeguard checksDecided by
IL-BIPA-15E Reasonable Standard of Care in StoragePrivate entities must store, transmit, and protect biometric data using the reasonable standard of care within their industry, which implies verifiable integrity of the software systems storing and transmitting that data (740 ILCS 14/15(e))Scan
IL-BIPA-15A Retention Schedule and Destruction PolicyEntities in possession of biometric data must maintain a written, publicly available retention schedule and destruction guidelines, which requires formally identified, timestamped documentation of the systems holding the data (740 ILCS 14/15(a))Scan
IL-BIPA-15B Informed Written Consent TransparencyCollection of biometric data requires prior written notice and a written release from the subject; supporting such demonstrable transparency calls for standard machine-readable descriptions of the collecting systems (740 ILCS 14/15(b))Scan
IL-BIPA-15D Disclosure and Third-Party RestrictionsBiometric data may not be disclosed or disseminated without consent or another statutory basis; enforcing this restriction requires knowing which suppliers and third-party components can access or move the data (740 ILCS 14/15(d))Scan
IL-BIPA-INV Knowledge of Biometric Processing SystemsComplying with retention, destruction, and protection duties presupposes the entity knows which systems and software components hold or process biometric data at all, i.e. an enumerated component inventory (740 ILCS 14/15, possession-based duties)Scan

More controls in the catalog

The framework's Controls tab lists its scan requirements and these controls from Safeguard's control catalog. Evidence them with automated tests, uploaded evidence, policies or an attestation.

ControlName
BIPA-10Biometric Identifier Definitions
BIPA-15aWritten Retention & Destruction Policy
BIPA-15bInformed Written Consent
BIPA-15cProhibition on Sale or Profit
BIPA-15dThird-Party Disclosure Restrictions
BIPA-15eStorage & Transmission Standards
BIPA-20Private Right of Action Remediation Tracking
BIPA-15a-DESTROYBiometric Data Destruction

Policy templates

Written for BIPA:

  • BIPA Written Biometric Data Policy
  • BIPA Informed Consent Procedure

And 22 from the standard set, adapted to BIPA.

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