January 25, 2019

Illinois Supreme Court rules that no actual injury is necessary for standing in biometrics case

The Illinois Supreme Court has ruled that, under the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.)(“BIPA”), an aggrieved party need not allege any actual injury or adverse effect in order to have a right of action under the statute. The ruling will allow the plaintiff, a minor whose thumbprint was obtained by Six Flags Great America amusement park in 2014 as part of the park entry process, and has been stored by Six Flags ever since, to move forward with his case.  BIPA confers standing on individuals who are aggrieved by a violation of the statute, which requires private entities to obtain written consent and provide notice of the purpose and duration of retention prior to collecting a person’s biometric identifiers or biometric information.

Opinion of the Supreme Court of Illinois