Biometric Identifier (BIPA)
Definition
Under Illinois BIPA: a retina or iris scan, fingerprint, voiceprint, or scan of a person's hand or face geometry; distinct from 'biometric information' which is information derived from a biometric identifier.
- Statute
- Illinois Biometric Information Privacy Act (BIPA)
- Covers
- Retina/iris scan, fingerprint, voiceprint, hand or face geometry scan
- Distinct from
- "Biometric information" (data derived from an identifier)
- Field
- Biometric privacy law, United States
Common questions
Why does BIPA separate 'biometric identifier' from 'biometric information'?+
The identifier is the raw physical measurement itself, while information is anything derived from it, such as a template or a match score. BIPA regulates both categories but the distinction affects which consent and retention obligations apply to a given piece of data.
Does BIPA's definition include a photograph on its own?+
No. BIPA explicitly excludes photographs and information derived from them unless that information is used to identify an individual through a scan of face geometry, which is why litigation under the statute has focused heavily on facial recognition systems rather than plain photo storage.
Related terms
- Aadhaar Exclusion (DPDP Act S.17(2))
- Provision that exempts processing covered by the Aadhaar Act 2016 from the general DPDP Act regime, meaning UIDAI biometric data is governed...
- Adequate Country (GDPR Ch. V)
- A country that the European Commission has determined provides a level of data protection essentially equivalent to the EU's. As of mid-2026,...
- Data Fiduciary (DPDP Act)
- Any person who alone or in conjunction with others determines the purpose and means of processing personal data; the DPDP Act equivalent...
- Data Protection Impact Assessment (DPIA)
- A structured risk assessment required under Article 35 before any processing that is likely to result in high risk to individuals' rights...
- Explicit Consent (GDPR)
- A higher consent standard required for special-category data processing under Article 9(2)(a): must be freely given, specific, informed, and involve an explicit...
- Per-Violation Damages (BIPA)
- BIPA's statutory damages structure: USD 1,000 per negligent violation or USD 5,000 per intentional/reckless violation; confirmed by Cothron v. White Castle (2023)...
- Real-Time Remote Biometric Identification (RTBI)
- As defined in the EU AI Act: automated identification of natural persons at a distance by comparing their biometric data to those...
- Special-Category Data (GDPR)
- Personal data revealing racial or ethnic origin, political opinions, religious beliefs, trade-union membership, genetic data, biometric data for unique identification, health data,...
- Standard Contractual Clauses (SCCs)
- Pre-approved contract terms issued by the European Commission that create GDPR-compliant safeguards for cross-border data transfers to countries without an adequacy decision....