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Illinois court decisions acknowledge biometric privacy act's damages a potential business killer

Fredric D. Bellamy and Ashley N. Fernandez of Dickinson Wright PLLC discuss Illinois court decisions on liability and damages under the Biometric Information Privacy Act, one of which notes the potential "financial destruction" facing businesses and that review is up to the Legislature.
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Illinois Biometric Information Privacy Act Cothron v White Castle

Cothron v White Castle System, Inc. Illinois Supreme Court held that plaintiff was entitled to separate cause of action for each and every time her biometric data was used in violation of the Illinois Biometric Information Privacy Act, BIPA, 740 ILCS 14 et seq.
United States Latrisha Cothron White Castle Gullenv Facebook Inc Illinois Supreme Court Cothronv White Castle System Inc

Illinois High Court Rules Every Collection Or Disclosure Is A Separate BIPA Violation - Data Protection

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.
United States White Castle Latrina Cothron Illinois Supreme Court Horse Carriers Inc Castle System Inc
Source: mondaq.com

Illinois' Highest Court is Poised to Make Impactful BIPA Claim Accrual Determination | Katten Muchin Rosenman LLP

In early February, the Illinois Supreme Court made the first of two crucial rulings defining the scope of Illinoisโ€™ Biometric Information Privacy Act (โ€œBIPAโ€), holding that the law is...
United States White Castle Appellant White Castle System Inc Katten Biometric Litigation Team Illinois Supreme Court White Castle Sys Inc

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