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Per-Violation Damages (BIPA)

Definition

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) to accrue on each scan or transmission, not per person per engagement.

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,...
Biometric Identifier (BIPA)
Under Illinois BIPA: a retina or iris scan, fingerprint, voiceprint, or scan of a person's hand or face geometry; distinct from 'biometric...
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...
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....

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