Lawsuit abuse watchdog urges Illinois to fix the state’s biometric privacy law

10.20.23

With the fall veto session approaching, a lawsuit abuse watchdog is urging Illinois lawmakers to use the time to fix the state’s Biometric Information Privacy Act, or BIPA.

In February, the Illinois Supreme Court ruled in a case involving White Castle that a legal claim accrues each time a private entity scans a person’s biometric identifier without their consent. Each day, White Castle required its employees to scan their fingerprints to clock in and access their computers. To authorize each employee’s access, a third-party vendor would verify each scan. In doing so, however, White Castle neglected to acquire their employees’ consent, a violation under current BIPA law.