All tagged BIPA

Illinois: Actual Injury Not Required for Privacy Lawsuit; Inviting Costly Litigation against Innovators

On Friday, the Supreme Court of Illinois found that a plaintiff could seek liquidated damages and injunctive relief under a state privacy statute without “[p]roof of actual damages.”

The case—Rosenbach v. Six Flags Entertainment—was brought under the Illinois Biometric Information Privacy Act (BIPA or Act).  The Act imposes numerous obligations on private entities that collect biometric information, like fingerprints and retina scans.  If the entity fails to follow the obligations in the Act, any person “aggrieved” is provided a “right of action . . . against an offending party.”