Biometric Privacy Case Before Illinois Supreme Court Could Open Litigation Floodgates

Since 2016, more than 100 class action lawsuits have been filed by employees under the Illinois Biometric Information Privacy Act (BIPA) and on Nov. 20, 2018, the Illinois Supreme Court heard oral arguments in a case that carries significant implications for employers in the state. Over the next few months, the courts will address the question of whether an individual can obtain statutory damages or injunctive relief under BIPA when the only “injury” alleged is a violation of BIPA’s notice-and-consent requirements. Three issues will need to be considered, including BIPA’s legislative intent, federal court rulings, a potential spike in BIPA class actions and unforeseeable liability.

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