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Illinois Act Leading Nation in New Form of Biometric Privacy Regulations

In the absence of comprehensive federal consumer privacy laws and the rollback of federal agency level privacy regulations, states are attempting to fill the privacy law void. While most people think of California as the state with the strictest and most pro-consumer
laws, Illinois has caught up and by some measures surpassed the Golden State in developing some of the strictest consumer privacy laws in the nation — including enacting regulations that protect biometric information in 2008 to recently passing legislation that
attempts to restrict the collection of geolocation data.

This article explores recent privacy legislation in Illinois, including The Illinois Geolocation Privacy Protection Act and the Right to Know Data Transparency and Privacy Protection Act, and discusses why these laws are opening the door to an emerging area of class-action litigation.