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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.

Statute
Illinois Biometric Information Privacy Act
Negligent violation
USD 1,000 statutory damages
Intentional or reckless violation
USD 5,000 statutory damages
Confirming case
Cothron v. White Castle, 2023
Accrual unit
Per scan or transmission, not per person

Common questions

Why does per-scan accrual matter so much for defendants?+

A single employee scanning a fingerprint clock daily over several years can generate thousands of separate violations under this reading, multiplying potential liability far beyond a one-time per-person penalty.

What did Cothron v. White Castle actually decide?+

The Illinois Supreme Court held that a BIPA claim accrues with each unlawful scan or transmission of biometric data, on each scan rather than just the first violation against a given individual, rejecting the argument that damages should be capped per person.

Does a plaintiff automatically receive the maximum per-violation amount?+

No. Courts and juries retain discretion in awarding statutory damages within the negligent or intentional/reckless bands, and the same ruling noted trial courts can account for due-process concerns in large aggregate awards.

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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