On February 17, 2023, the Illinois Supreme Court ruled 4-3 that violations of the Biometric Information Privacy Act ("BIPA") (the country's first biometric privacy legislation) accrue for each incident of capture or dissemination of biometric information, and not only once for each data subject.
A January 18, 2023 New York Times Podcast titled "The ‘Enemies List' at Madison Square Garden" (the Podcast) brought to light the use of facial recognition technology at Madison Square Garden (MSG) not only for legitimate security purposes.
Illinois Supreme Court dealt two significant blows to would be defendants under Illinois Biometric Information Protection Act BIPA. The two rulings, addressing counting claim accruals and the statute of limitations, increase potential damages by several orders of magnitude.
In just the last two weeks, the Illinois Supreme Court dealt two significant blows would be defendants (i.e., employers and consumer-facing companies) under Illinois’ exacting Biometric.
Illinois' highest court on Friday (Feb 17) said companies violate the state's unique biometric privacy law each time they misuse a person's private information, not just the first time, a ruling that could expose businesses to billions of dollars in penalties. The Illinois Supreme Court in a 4–3 decision said fast food chain White Castle System Inc must face claims.