Question 149 - CIPP-US discussion

The Illinois Biometric Information Privacy Act (BIPA) regulates the collection, storage, and use of biometric identifiers and biometric information, such as fingerprints, retina scans, and facial recognition data. However, BIPA does not regulate photographs, as they are explicitly excluded from the definition of 'biometric identifiers' under the law.

Key Definitions Under BIPA:

Biometric Identifier: Includes fingerprints, retina or iris scans, voiceprints, and scans of hand or face geometry.

Biometric Information: Refers to any information derived from biometric identifiers.

Exclusions: BIPA explicitly excludes certain types of data from regulation, such as photographs, writing samples, and physical descriptions.

Explanation of Options:

A. Photographs of local convicted felons uploaded to a news website: This is correct because photographs are explicitly excluded from BIPA's definition of biometric identifiers.

B. Fingerprint scans of elementary school students used to open their lockers: This would be regulated under BIPA, as fingerprints are considered biometric identifiers.

C. Security software designed to identify local convicted felons in retail stores via facial recognition: This would also be regulated under BIPA, as facial recognition involves scans of face geometry, which qualify as biometric identifiers.

D. Retina scans of elementary school students used to verify their identities for attendance purposes: Retina scans are biometric identifiers under BIPA and would therefore be regulated.

Reference from CIPP/US Materials:

Illinois BIPA (740 ILCS 14/10): Defines biometric identifiers and excludes photographs from regulation.

IAPP CIPP/US Certification Textbook: Discusses the scope and application of BIPA.