Analysis

Breaking Down Illinois' Biometric Privacy Litigation Boom

Law360 (April 27, 2020, 8:15 PM EDT) -- Biometric privacy litigation was already steady in Illinois when the state high court established a low threshold for plaintiffs to bring suit, creating a boom of cases that puts both small businesses and deep-pocketed tech giants on the defensive without a clear out.

A steady drumbeat of cases hit the Illinois courts in recent years alleging violations of the Illinois Biometric Information Privacy Act, many targeting employers that required workers to scan fingerprints to clock in and out. But the BIPA landscape changed when the Illinois Supreme Court in 2019 addressed the threshold issue of who can be considered an "aggrieved...

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