May 11, 2023Cybersecurity & Information Security, Privacy Class Action, State Privacy Policy, Biometrics
The Illinois Supreme Court issued a pair of decisions related to the Illinois Biometric Information Privacy Act (BIPA) that continue to ratchet up compliance pressure on businesses. On February 17, 2023, the Illinois Supreme Court ruled in a narrow 4-3 majority that a separate claim for damages accrues each time a business violates the state’s BIPA (e.g., accruing additional damages each time a fingerprint is scanned rather than a single violation for each unique fingerprint collected). Under BIPA, companies collecting biometric data such as facial scans, fingerprints and voiceprints can face millions of dollars in fines if they fail to seek permission to collect this data, or if they fail to disclose their data retention plan.
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