Six flags fingerprint lawsuit form8/2/2023 ![]() ![]() This in itself constitutes a risk for businesses that use biometric technology for any purpose. With Rosenbach, the Illinois Supreme Court established its position that a technical violation of BIPA creates a “real and significant injury” in and of itself.īIPA is one of only a few laws nationwide that afford a private right of action to the owners of biometric data. In that case, the Illinois Supreme Court also unanimously held that plaintiffs do not need to suffer an actual injury beyond a violation of rights provided for by BIPA in order to state a claim under that statute. Six Flags Entertainment Corp., 2019 IL 123186. McDonald is further evidence of the court’s position that BIPA should be liberally construed, as was made clear in a prior case, Rosenbach v. The court said no, yet it remains an open question if the IWCA would bar claims for damages that were non-statutory, i.e., those for emotional distress. Whether IWCA’s exclusive remedy provision provided the employer with a defense by precluding the employee from seeking only statutory damages under BIPA was the question before the Illinois Supreme Court. Those alleged workplace injuries would have precluded the employee from her action under BIPA, pursuant to the Illinois Workers’ Compensation Act’s (IWCA) exclusive remedy provision. ![]() This amendment is significant because the original complaint included allegations of mental anguish, as noted in a brief concurring opinion penned by Justice Michael J. In an amended complaint, the employee alleged that she was never provided the opportunity to give informed, written consent to the storage of her biometric data. As part of its security and timekeeping systems, the employer scanned employee fingerprints. The lawsuit was a putative class action brought by an employee against her health care facility employer. (2022 IL 126511), the state’s highest court issued a unanimous opinion that effectively eliminated an entire defense in BIPA lawsuits. One such class action was the subject of an important decision issued on February 3, 2022, by the Illinois Supreme Court. The Illinois Supreme Court’s Interpretation of BIPA Favors Plaintiffs ![]() ![]() Since its enactment in 2008, BIPA has given rise to a lot of litigation, including many employment class action suits. The Illinois Biometric Information Privacy Act (BIPA) requires entities, including employers, that collect biometric data to follow a number of protocols, including maintaining a written policy about the collection and storage of biometric data, providing owners of biometric information (in this case employees) with written notice of such practices, and obtaining informed consent from individuals subject to biometric data collection. Employers in Illinois who collect, use, or retain their employees’ biometric data-personal information such as fingerprints or facial or voice recognition-need to be aware of a recent legal development.Īs we have explained before, Illinois was the first state to enact a law restricting the collection and storage of biometrics, and it remains the frontline for advancement of jurisprudence on the subject. ![]()
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