Enacted in 2008, the Illinois Biometric Information Privacy Act (BIPA) continues to be the most consumer-friendly biometric privacy law in the country. In the wake of the Illinois Supreme Court’s seminal 2019 decision in Rosenbach v. Six Flags, plaintiffs have filed hundreds of class action lawsuits against businesses and employers in a broad range of industries, including manufacturing, logistics, retail, hospitality, food and beverage, health and technology. These lawsuits have been filed because of a perception that BIPA, as interpreted by the Illinois Supreme Court in Rosenbach, creates significant liability where biometric information has been collected from an employee or consumer without first providing notification and obtaining consent, even if no actual damages have been suffered.

In the spring of 2020, however, there have been a handful of court decisions that have bucked the previously plaintiff-friendly BIPA trends and perceptions.

To read the full Taft law bulletin on this topic, click here.