Illinois: Different Statute of Limitations for Certain Biometric Privacy Act Provisions

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All Employers with IL Employees

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September 17, 2021

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In Tim v. Black Horse Motor Carriers, Inc., the Illinois First District Appellate Court stated that different statutes of limitation apply to different provisions of the statewide Biometric Information Privacy Act (BIPA).

Previously, the statewide catch-all five-year statute of limitations was applied to all provisions of BIPA. With Tim, the court stated that the five-year deadline applies to sections 15(a), 15(b), and 15(e) of BIPA. These sections require private employers to obtain consent before collection of biometric data and to develop a written policy and data retention schedule.

On the other hand, the court indicated that there is only a one-year statute of limitations for privacy claims involving publication under sections 15(c) and 15(d), which prohibit businesses in possession of biometric data from selling, trading, or disclosing such data to third parties without obtaining the individual’s prior consent.

Action Items

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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.