Illinois Supreme Court allows massive damages in biometric privacy cases but says lawmakers should weigh in

Introduction On Friday, the Illinois Supreme Court released a long-awaited opinion about the state's biometric privacy law, presenting an opportunity for substantial damages in cases where companies violate the privacy rights of Illinois residents. The decision also implies that state lawmakers ought to review the law and address any ambiguities. What is the Illinois Biometric Privacy Law? The Illinois Biometric Privacy Act (BIPA) was established in 2008. Under the law, companies who utilize biometric identifiers or information (such as fingerprints, irises, and voice recordings) to identify or authenticate a particular person must adhere to a strict set of rules. These rules include providing written disclosures to the individual and obtaining their written consent before collecting the biometric information. Companies are also required to inform the individual of the length of time during which the information will be stored, how it will be used, and what security safeguards are being employed. The purpose of BIPA is to protect an individual’s biometric data and ensure that it is only used in the manner for which it was intended. In the event that a company fails to meet the above requirements, a private individual can bring a civil lawsuit in state court against the company for damages. The Illinois Supreme Court's Recent Opinion On Friday, the Illinois Supreme Court issued an opinion in the matter of Rosenbach v. Six Flags Entertainment Corp., addressing whether a company’s collection of biometric information from a plaintiff violated BIPA. The opinion was issued in response to a complaint filed by the plaintiff claiming that Six Flags had failed to comply with the law. In the opinion, the court found that even though Six Flags had not obtained the plaintiff’s written consent, the company had still violated the statute. The opinion stated that BIPA provides an individual with a right of action and allows them to seek damages of $1,000 for each negligent violation, or $5,000 for each intentional or reckless violation of the statute. The opinion also suggested that the state legislature ought to revisit the issue in order to clarify any ambiguities in the law. Implications of the Illinois Supreme Court's Opinion The opinion issued by the Illinois Supreme Court will have far-reaching implications for companies in the state who utilize biometric information. In the past, the law has been criticized for being overly broad and potentially stifling growth in the biometric technology industry. The court’s opinion presents a clear reminder to companies that they must comply with the law in order to avoid costly litigation and potential damages. The opinion also suggests that it is time for lawmakers to review and possibly revise the law, in order to ensure that it strikes a balance between protecting individuals’ privacy rights and providing companies the necessary leeway to safely utilize biometric information. Conclusion The opinion issued by the Illinois Supreme Court on the state's biometric privacy law is a clear reminder that companies must comply with the law in order to avoid potential damages. The opinion also implies that state lawmakers ought to review the law and address any ambiguities in order to protect individuals' privacy rights and provide companies the necessary leeway to safely utilize biometric information. Overall, the opinion may have significant implications for biometric technology in the state of Illinois.

https://www.lifetechnology.com/blogs/life-technology-technology-news/illinois-supreme-court-allows-massive-damages-in-biometric-privacy-cases-but-says-lawmakers-should-weigh-in

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