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February 2023 was momentous for Illinois Biometric Information Privacy Act BIPA. Two weeks after imposing a 5-year time limit for all BIPA claims, Illinois Supreme Court determined BIPA claim accrues every time company scans, transmits biometric identifers without consent.
Lensa, an app owned by Prisma Labs used to upload selfies that the app processes to generate artistic images of the user, is subject of putative class action brought under Illinois Biometric Information Privacy Act BIPA. Plaintiffs allege privacy policy omitted information.
In Cothron v. White Castle System, the Illinois Supreme Court ruled that claims under the Biometric Information Privacy Act may accrue with each biometric scan and not just on an individual’s first scan. BIPA allows for statutory damages of up to $1,000 per negligent violation.
An Illinois state appellate court’s recent ruling will impact how companies consider compliance with Illinois’ Biometric Information Privacy Act. Companies must establish a written, publicly-available policy that governs their retention and destruction of biometric data.
In light of the Mora v. J and M Plating opinion, businesses and organizations with even the remote possibility of collecting biometric information as part of their operations in Illinois under Illinois' Biometric Information Privacy Act should draft and implement a policy.