This month LegalTech News interviewed Pietrucha Law Firm, LLC for an article titled, “Illinois Biometrics Ruling May Lead to Flood of Plaintiff Suits, Attorneys Say”.
In short, in January 2019, the Illinois Supreme Court made a landmark decision about the right to privacy in Illinois. The decision involved a dispute over a plaintiff’s burden of proof under the Illinois’ Biometric Information Privacy Act (BIPA). Most importantly, the Illinois Supreme Court ruled that under state law, complainants don’t need to show actual injury to recover damages.
The decision comes as a result of an Illinois mother, named Stacy Rosenbach, alleging Six Flags in Gurnee, Illinois unlawfully collected her teenage son’s fingerprints.
Six Flags collected the son’s fingerprints to activate a season pass during a school field trip. Subsequently, his mother filed a lawsuit in Lake County, Illinois against the amusement park.
Rosenbach based her 2016 lawsuit on Illinois’ BIPA law, a law Illinois passed in 2008 to provide standards of conduct for private entities, including Illinois private employers.
These standards apply to the collection and possession of biometric identifiers and biometric information such:
- retina or iris scans
- scans of hand or face geometry
Over the past decade, private companies and employers have increased the use of these methods, and customers and employees are fighting back.
Read the Illinois BIPA law here.
Read the ROSENBACH v. SIX FLAGS ENTERTAINMENT CORPORATION Illinois Supreme Court decision here.
Read the LegalTech News article, here.
Pietrucha Law Firm represents Plaintiffs and Defendants in Illinois BIPA lawsuits. For more information, contact us at (630) 344-6370.