Licensing company data in Illinois: the biometric act decides what stays out
Illinois has no comprehensive consumer privacy law. It has the Biometric Information Privacy Act, and for a company thinking of licensing recordings, video or voice data, that act is the main fact. It bans profiting from biometric data and lets people sue, which is why Illinois is the first place to check before a deal involving faces or voices.
Where Illinois stands
The Act’s text is short. Section 15(c) says a private entity that holds biometric information may not sell, lease, trade or otherwise profit from it, and the 2024 amendment did not change the damages for that section.
| Question | Answer as of 2 November 2026 |
|---|---|
| Comprehensive privacy law | No. It is not on the list of enacted state laws kept by the tracker we checked on 2 November 2026. |
| Biometric Information Privacy Act | 740 ILCS 14, in force since 2008. It covers retina or iris scans, fingerprints, voiceprints and scans of hand or face geometry. |
| Private right of action | Yes. A person harmed by a violation may sue. Statutory damages are 1,000 dollars for a negligent violation and 5,000 dollars for an intentional or reckless one. |
| Recent change | A 2024 amendment limits a person to one recovery under the consent and disclosure sections, rather than one per scan. |
What that does to a recording deal
A call center with recordings of customers, a training company with video of sessions or an office with badge scanning holds data the act may reach. If a voiceprint or face scan is made, or can be derived from the file, a license that pays the company for it runs into section 15(c). The usual answer is to leave the raw audio and video out of any Illinois deal, and to license transcripts or text with the voice and face data removed.
Whether a plain recording is a biometric identifier is a question courts have decided in different ways. A company that holds audio from Illinois residents should get advice before it licenses any of it.
Other Illinois points
| Law | Why it matters |
|---|---|
| Personal Information Protection Act (815 ILCS 530) | The breach law. It sets notice duties for a company that holds the personal information of Illinois residents. |
| Genetic Information Privacy Act | It limits disclosure of genetic testing information, which matters for health and wellness companies. |
Read next
- United States rules. The federal laws behind every state.
- Other states. What each state adds.
- De-identification. How personal detail comes out.
- Liability. Who answers for what in a deal.
Questions about licensing company data in Illinois: the biometric act decides what stays out
Can we license call recordings from Illinois callers?
Treat them with care. If voiceprints exist or can be derived, section 15(c) bars profiting from them. Many companies license transcripts with identifying detail removed.
Did the 2024 amendment make BIPA harmless?
No. It limited recovery under two sections, and the section on selling and profiting kept its separate damages.
Is there a consumer privacy act coming?
Bills have been introduced. As of the date above none had been enacted according to the tracker we checked.
Didn't find your question? Ask us directly.