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Clarification on Photographs and Biometric Data Under BIPA
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The question was raised: Do employee-uploaded photographs in our payroll system qualify as Biometric Data under the Biometric Information Privacy Act (BIPA)?
The answer is no. Under BIPA, photographs are explicitly excluded from the definition of biometric identifiers. The Act states: “Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color.” (Illinois General Assembly).
As such, the company is not in possession of biometric identifiers or biometric information as defined by BIPA and is not required to establish a written policy under the Act.
If you have any questions about understanding the BIPA, feel free to contact us for assistance. Please note that the content on this blog should not be considered legal advice. In certain situations, it is advisable to consult an attorney.
Reference
Illinois General Assembly. (n.d.). Biometric Information Privacy Act, 740 Ill. Comp. Stat. 14. Retrieved April 22, 2025, from https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3004&ChapterID=57
