CIPP/US Study Guide
Chapter 7: State Data Breach Notification, Data Security, and Data Destruction Laws

Illinois Genetic Information Privacy Act (GIPA)

The Illinois Genetic Information Privacy Act (GIPA), enacted in 1998, bars employers from conditioning employment on genetic information and grants a private right of action with per-violation damages and no statutory cap. Litigation surged, with more than 50 GIPA suits filed in 2023. It contrasts with the federal Genetic Information Nondiscrimination Act (GINA) (2008): GIPA is an older STATE law distinguished by its private right of action and uncapped per-violation damages.

The Illinois Genetic Information Privacy Act (GIPA) was enacted in 1998. It prohibits employers from conditioning employment on an employee's genetic information and sets the legal bases for sharing genetic information without consent.

Why GIPA bites

GIPA grants a private right of action to aggrieved individuals, with significant per-violation monetary damages and no statutory cap. Litigation surged: more than 50 GIPA suits were filed in 2023 as plaintiffs' attorneys revived the older statute.

Contrast GIPA with the federal Genetic Information Nondiscrimination Act (GINA), enacted in 2008, which also protects genetic information in employment and health insurance. GIPA is an older Illinois STATE law, distinguished from GINA by its private right of action and uncapped per-violation damages.

Key terms - quick answers

What is “GIPA”?
The Illinois Genetic Information Privacy Act of 1998, which restricts use of genetic information and grants a private right of action with uncapped per-violation damages.
What is “Genetic Information Nondiscrimination Act (GINA)”?
The 2008 federal law protecting genetic information in employment and health insurance.
What is “Per-Violation Damages”?
Monetary damages assessed for each separate violation rather than capped at a single total amount.