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Illinois: Employers Are On the Hook for Any Illinois Biometric Information Privacy Act Violation

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January 25, 2019

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In Rosenbach v. Six Flags Entertainment Corporation, the Illinois Supreme Court stated that any time a covered entity fails to comply with the Illinois Biometric Information Privacy Act (BIPA), even if there is no injury to the person, the person may sue the entity for the violations. Specifically, any time a person’s “legal right is invaded” under BIPA, the person is “aggrieved” and can bring a claim.

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Illinois: Appellate Court Ruling May Stem Tide of Biometric Class Action Lawsuits

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All Employers with IL Employees

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December 21, 2017

QUESTIONS?

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(888) 378-2456

Illinois’s Biometric Information Privacy Act (“BIPA”) was implemented to help safeguard individuals’ biometric data, such as fingerprint scans, like those used in biometric time clocks. Employers are required, among other things, to comply with certain notice and consent elements before obtaining employee biometric data.

In Rosenbach v. Six Flags Entertainment, the Illinois Appellate Court stated that a person can only claim a violation of BIPA if an “actual injury, adverse effect, or harm” occurred. Thus, a technical violation when collecting biometric data is not actionable. Employers have been subject to a wave of class action lawsuits alleging violations of BIPA, and this case may turn the tide. Regardless, employers who implement biometric security protocols should nevertheless obey the notice and consent provisions of BIPA.

Action Items

  1. Review biometric time clock and scanning process for compliance with BIPA.

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.

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