QuestionQ230

State Privacy Laws

Under the Illinois Biometric Information Privacy Act (BIPA), for what may organizations be fined?

  • A Every instance of non-compliance that is found to have occurred
  • B Instances of non-compliance where individuals have formally complained
  • C Only instances of non-compliance that involve more than 50 data subjects
  • D Only instances of non-compliance in which data subject consent was not obtained
Explanation

BIPA authorizes a prevailing aggrieved person to recover statutory or actual damages for each violation of the Act, with the amount depending on whether the violation was negligent, intentional, or reckless. Liability is not limited to complaints, a minimum number of affected people, or consent-related violations alone.

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