A separate claim under Illinois’ Biometric Information Privacy Act BIPA accrues each time entity scans or transmits individual’s biometric identifier or biometric information, divided Illinois Supreme Court ruled in long-awaited decision. Cothron v. White Castle Systems.
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.
Supreme Court of Illinois resolved outstanding question – Illinois Biometric Information and Privacy Act BIPA claims are subject to five-year statute of limitations. In Tims v. Black Horse Carriers, court said Illinois’ catch-all five-year limitations period applied.
Illinois appellate court ruled Apple biometric unlock features, like Touch ID fingerprint scanning, Face ID facial geometry scanning, do not violate Biometric Information Privacy Act BIPA. Residents alleged Apple’s Face ID impermissibly collects data from Photo app pictures.
Illinois Biometric privacy suits are popular; many BIPA decisions issued to date have skewed heavily in favor of plaintiffs, which has resulted in a significant expansion of potential litigation risk under the statute.