February 28, 2019
Originally recorded on February 27, 2019
Illinois’s Biometric Information Privacy Act (BIPA) allows a private right of action with statutory fines of up to $1,000 (for each negligent violation) and $5,000 (for each intentional violation) plus attorneys’ fees. Over 150 proposed class action lawsuits have been filed in the past 18 months asserting BIPA claims. While the vast majority of these cases allege that employers have used employee fingerprints for timekeeping purposes without appropriate disclosures and consent, claims involving the use of other types of biometric information (including eye, face and hand scans) have been filed under BIPA.
On January 25, 2019, the Illinois Supreme Court in Rosenbach v. Six Flags Entertainment Corp. et al. held that BIPA claimants do not need to allege actual harm to receive statutory damages. This ruling likely will embolden existing plaintiffs and lead to even more BIPA lawsuits against companies that do business in Illinois and collect biometric information.
NP’s Rich Tilghman and John Ruskusky have been tracking BIPA and resulting litigation for years and have assisted clients with updating their disclosures and policies to ensure compliance with the statute. Rich and John will present their findings at this complimentary webinar, which will provide best practices post-Rosenbach and help you stay ahead of the curve on preventing and limiting these lawsuits against your company.
The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.
Privacy Law Alert | 01.25.19