Emerging Biometric Laws: Considerations for Employers and Companies Collecting Data

Summary

A recent decision from the Supreme Court of Illinois heightens the risks faced by companies collecting biometric information by holding that an individual who is the subject of a violation of Illinois’ Biometric Information Privacy Act (BIPA)—but who suffered no separate harm from the violation—is an ‘‘aggrieved party’’ with a cause of action under the statute. Rosenbach v. Six Flags Entm’t Corp., 2019 IL 123816. This decision will only further embolden plaintiffs’ lawyers to bring biometric privacy suits, and the risk to companies collecting biometric information will likely increase as newly enacted and proposed legislation comes into effect. This article discusses what happened, what is on the horizon, and some steps to consider.