![]() ![]() In particular, courts have grappled with the question of which types of injuries are sufficiently “concrete” to give individuals constitutional standing to bring suit in federal court. This decision leaves other important questions unresolved. As other states pass similar laws in order to fill the federal void, they may decide to clearly resolve the issue in the text of their laws. The Six Flags decision clarifies who is allowed to bring a lawsuit for violations of BIPA. Thus, when an individual’s BIPA rights are violated, they are “aggrieved” within that word’s ordinary meaning. By passing BIPA, the Illinois legislature decided that individuals have rights of privacy and control over their biometric data. Since the Illinois legislature did not define “aggrieved,” the court reasoned that the word should have its ordinary meaning, which has traditionally included the denial of a legal right. 2 The court decided that anyone whose rights under BIPA were violated qualifies as “aggrieved,” and rejected the argument that the violation needs to cause some type of additional harm. On January 25, 2019, the Illinois Supreme Court held that private individuals may bring suit even if the only harm was a violation of their legal rights. BIPA allows “aggrieved” individuals to bring suit when an entity violates the requirements for handling their biometric data, and the parties disputed who qualifies as “aggrieved.” She did not claim that these violations of the law caused her any additional harm, financial or otherwise. Rosenbach alleged that Six flags never informed her about the fingerprint requirement when she bought the pass, and they never provided a policy detailing how they would use or store the information. Six Flags Entertainment Corp., plaintiff Stacy Rosenbach argued that Six Flags violated BIPA when it required her son to scan his fingerprint in order to use a season pass. For reckless violations, the baseline award increases to $5,000. ![]() For negligent violations, individuals can recover the greater of $1,000 or their actual losses. BIPA, however, is currently the only state law that allows private individuals to bring suit and recover damages for violations. Though Illinois was the first state to pass a law specifically regulating biometric data usage, other states are currently considering the issue, and Washington and Texas have already passed similar legislation. ![]() 1Among other requirements, businesses must receive written consent from individuals before obtaining their biometric data, and they must disclose their policies for usage and retention. The Illinois Biometric Privacy Act (BIPA) is a uniquely expansive state law that imposes requirements on businesses that collect or otherwise obtain biometric information, including fingerprints, retina scans and facial geometry scans (which could include identifying individuals through photographs). As a result, entities are at a greater risk of liability for failure to follow legally required procedures for handling biometric information collected or stored in Illinois. ![]() The Illinois Supreme Court ruled that an Illinois biometric privacy law does not require individuals to show they suffered harm other than a violation of the law in order to bring suit. ![]()
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