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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: biometric privacy

Posted in Consumer Privacy

Illinois Supreme Court Says Infringement of Rights Under Biometric Act Is Sufficient for a Claim, Even Absent Additional Harm

The Illinois Supreme Court ruled on January 25 in Rosenbach v. Six Flags Entertainment Corp. that a plaintiff can allege a violation of rights under the state’s Biometric Information Protection Act (BIPA) even without alleging “injury or damage beyond infringement of the rights afforded them under the law.”  The court decided the issue solely as a matter of statutory construction under Illinois law.  This decision will have a major impact on a number of pending BIPA lawsuits and is likely to result in increased BIPA litigation given the availability of statutory damages and attorneys’ fees under the law.