On January 25th, the Illinois Supreme Court ruled in Rosenbach v. Six Flags Entertainment Corp. that a plaintiff may be “aggrieved” under the state’s unique Biometric Information Privacy Act, 740 ILCS 14, even if she has suffered no injury. The Act, which became law in 2008, prohibits entities from storing biometric information—like fingerprints or facial structure—unless they explain the purpose for which the information is being collected and publish a retention and destruction policy for the data. In recent months, consumer protection firms have seized on the Act, filing new class action suits against employers and technology companies daily. The litigation will likely grow after the Six Flags decision, which cleared one of the central hurdles facing BIPA plaintiffs.
I. The Illinois Biometric Information Privacy Act -
The Illinois Legislature passed the Biometric Information Privacy Act in response to the growing use of biometric identifiers as timekeeping devices by employers, as well as the increasing use of biometric identifiers as a security feature. The Act has several substantive provisions...
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