Justices Interpret BIPA to Include ”Crippling Liability’ for Illinois Businesses – JD Supra

On Feb. 17, the Illinois Supreme Court ruled that claims accrue under the Illinois Biometric Information Privacy Act (BIPA) each time data is collected and disclosed rather than accrual occurring upon the first registration, collection or disclosure of biometric information and identifiers. As the dissent put it, this decision could have a “crippling,” “punitive” and “annihilative” impact on Illinois businesses.
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Where's Mine ???
3 years ago

Can anybody confirm BIPA only applies companies operating in Illinois? I read outher stories that other states have on books or are currently writing similar bills to BIPA to try and cash in on the easy $

Riverbender
3 years ago

Right or wrong this may convince White Castle to not remain or expand in Illinois. This becomes another win for Pritzker because the more people out of jobs increases his voting base of individuals dependent upon the Government for their living expenses creating more of the usual vote for a living vs work for a living.

Poor Taxpayer
3 years ago

If this doesn’t make more business leave, nothing will. The private sector is doomed in Illinois. Everyday Illinois does something to discourage the free enterprise system.

Giddyap
3 years ago

How Yet Another Misguided, Ham-Handed, Democrat Law Is A Drive-By On Business

Bill
3 years ago

“The dissent’s reasoning was sound: Because an entity can obtain a person’s biometrics only once, the subsequent scans are not obtaining or collecting a scan – the entity already had the scan and nothing new was collected.”

The logic of the dissenting justice brings to mind the old saying that; the definition of insanity is doing the same thing over and over again and expecting a different result.

If nothing new was collected each time, then why did White Castle keep collecting new biometrics from the same employees?

debtsor
3 years ago
Reply to  Bill

Does your iphone collect or obtain a new biometrics scan every time it compares your phone with your face? Or is it just comparing your face with the scan that’s on the phone already before unlocking the phone? And are the subsequent scans used to compare your face collected or obtained because they are not stored? Or because they are only stored in RAM? It’s parsing words here. The problem is the intent of the statute to bankrupt companies and pay off lawyers. The harm caused is so trivial compared to the damages. The ILSC said it was constitutional but… Read more »

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