The U.S. District Court for the Southern District of Illinois has recently dealt another blow to those hoping to find new ways to defend against lawsuits filed under Illinois’ Biometric Information Privacy Act (BIPA). The ruling took place during this summer in the Lewis v. Maverick Transportation case.
In a decisive four-page ruling, Judge Rosenstengel denied the defendant’s motion to dismiss, asserting that a cause of action under BIPA does not necessitate a plaintiff to plead that data collected is being used for identification purposes. This decision has reinforced BIPA’s robust private right of action, a factor that has previously made it a unique legislation in the realm of privacy laws.
The Biometric Information Privacy Act, passed in Illinois in 2008, provides Illinois residents with the right to sue companies that improperly gather or use their biometric data, such as fingerprints or face scans. The law is particularly potent as it doesn’t require plaintiffs to demonstrate that they suffered harm beyond a violation of their rights under the act.
Despite many efforts by businesses to challenge and reinterpret this unique law, the District Court’s recent ruling serves as a reminder of BIPA’s broad strength, which extends regardless of purpose for data collection. Legal professionals and corporations should thus be highly vigilant in ensuring compliance with BIPA as attempts to pierce its armor have largely proved futile.
The precise legal ramifications and broader impacts of this decision will unfold over time. But its immediate aftermath underscores the potential vulnerability of companies dealing with biometric data of Illinois residents.