Today the Illinois Supreme Court ruled unanimously that when companies collect biometric data like fingerprints or face prints without informed opt-in consent, they can be sued. Users don't need to prove an injury like identity fraud or physical harm—just losing control of one’s biometric privacy is injury enough. In Rosenbach v. Six Flags, a 14 year old brought a challenge against an amusement park for collecting his thumbprint without his informed consent, in violation of Illinois law. The law in question, the Illinois Biometric Information Privacy Act (BIPA), prohibits companies from gathering, using, or sharing biometric information without informed opt-in consent. EFF, along with ACLU, CDT, the Chicago Alliance Against Sexual Exploitation, PIRG, and Lucy Parsons Labs, filed an amicus curiae brief urging the Illinois Supreme Court to adopt a robust interpretation of BIPA. The Illinois Supreme Court agreed with us and soundly rejected the…
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