Storing Biometric Info In Illinois Just Got Riskier

A client alert on the Clark Hill firm’s site discusses a recent Illinois Supreme Court decision concerning the state’s Biometric Privacy Act. Reversing lower court rulings, the high court decided that a plaintiff doesn’t need to allege any actual injury or adverse effect from a violation of the BIPA, just that the defendant violated the rights to notice and consent about the collection, storage, and disposal of fingerprints, voice prints, face scanning, iris scanning and many other individual biometric identifiers. Thus, a plaintiff can recover liquidated damages of $1,000 or actual damages (whichever is greater) for each negligent violation and $5,000 or actual damages (whichever is greater) for each intentional or reckless violation, plus attorneys’ fees and other. The decision is a boon to plaintiffs’ class action attorneys and a blow to employers and companies who use biometric information for security, attendance and other purposes.