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7th Circuit: Is Each Transmission of Biometric Data a BIPA Violation?

The Seventh Circuit U.S. Court of Appeals has certified a question to the Illinois Supreme Court that asks: “Do section 15(b) and 15(d) claims to accrue each time a private entity scans a person’s biometric identifier and each time a private entity transmits such a scan to a third party, respectively, or only upon the first scan and first transmission?” The question was posed by the count in Cothron v. White Castle Systems, Inc., a case was brought against White Castle for sharing fingerprints with a third party vendor in violation of the Illinois Biometric Information Privacy Act (BIPA).   

 

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Post By Ken Shafton (1,696 Posts)