No Damages Required to Sue Under Illinois Biometric Information Privacy Act

Anjali C. Das, Brian Dollar, Stefanie L. Ferrari, and David H. Potter of Wilson Elser Moskowitz Edelman & Dicker LLP write:

….   Following the rise of the use of biometric information, the Illinois Legislature passed the Biometric Information Privacy Act (BIPA) in 2008 to provide standards of conduct to help regulate how biometric information is collected, stored and used. Examples of a biometric identifier include a retina or iris scan, fingerprint scan, voiceprint, or hand/face-geometry scan. What makes BIPA all the more powerful is that it allows for a private right of action, permitting an individual who has been “aggrieved” to pursue damages or injunctive relief.

The Illinois Supreme Court gave BIPA even more “punch” in its decision in Stacy Rosenbach, et al. v. Six Flags Entertainment Corporation, released on January 25, 2019, holding that an individual does not need to prove harm to recover; rather, a technical violation of the Act alone is sufficient to constitute standing.

Read more on The National Law Review.

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