Over the past several years, an exponential increase has been observed regarding lawsuits under Illinois’ Biometric Information Privacy Act (BIPA). The plaintiffs’ bar now seems to have broadened its horizons to include another privacy statute from Illinois: the Illinois Genetic Information Privacy Act (GIPA), which governs the use of genetic testing information. Like BIPA, GIPA also provides a private right of action, allowing for substantial statutory damages.
Interestingly, after lying relatively dormant for nearly a quarter of a century, GIPA has recently seen a surge in lawsuits. More than 50 GIPA complaints were lodged in 2023 alone, with new suits continuing to accumulate in 2024. This recent proliferation raises some new and as-yet-unanswered questions and presents emerging issues around GIPA.
The Illinois legislature originally enacted GIPA in 1998. Its primary purpose is to guard against the involuntary disclosure and use of “genetic testing” and “genetic information.” The act witnessed amendments in 2008 to conform with its federal equivalent, the Genetic Information Nondiscrimination Act (GINA). Although it aligns with federal legislation, GIPA imposes significantly steeper statutory damages – even more so than those provided under BIPA. For each intentional violation, the penalty stands at $15,000, and each negligent violation could cost $2,500, according to 410 ILCS 513/40(a).
This steep increase in GIPA-related lawsuits, combined with the significant potential penalties for violations, warrants close attention from legal professionals working in large corporations and law firms. It becomes crucial now, more than ever, to ensure due diligence in the handling of genetic information to avoid potential litigation and subsequent penalties under GIPA.