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Ill. Justices Doubt Six Flags' View In Biometric Data Case

Law360 (November 20, 2018, 5:27 PM EST) -- The Illinois Supreme Court pushed back Tuesday on Six Flags Entertainment Corp.'s stance that actual harm is required to sue under the state’s biometric privacy law as several justices explored the extent to which the statute protects against the collection of such personal data without consent.

At least three of the court’s seven justices seemed skeptical of Six Flags attorney Kathleen O’Sullivan’s oral argument that plaintiffs like Illinois resident Stacy Rosenbach must allege more than a technical violation of Illinois’ Biometric Information Privacy Act to establish standing, with Justice Robert Thomas saying "there seems to be at least a logical appeal"...

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