Illinois Supreme Court Says Biometric-Data Protection Law Does Not Require Allegation of Actual Injury

The Illinois Supreme Court ruled today that an allegation of “actual injury or adverse effect” is not required to establish standing to sue under the Illinois Biometric Information Privacy Act, 740 ILCS 14 (“BIPA”). This post discusses the importance of the ruling to current and future BIPA litigation. The Illinois Supreme Court rendered a decision on January 25, 2019, that gives the green light to certain plaintiffs seeking redress under the BIPA. BIPA provides a private right of action to Illinois residents “aggrieved” by private entities that collect their biometric data (including retina scans, fingerprints and face geometry) without complying with the statute’s notice and consent requirements. Hundreds of cases have been filed under the law, including many putative class actions, enticed by per-violation statutory damages of $1,000 or more. In the opinion, the Illinois Supreme Court unanimously found that allegations of a technical…

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