7th Circ. Privacy Ruling Could Expand Article III Standing

Law360 (January 8, 2021, 4:43 PM EST) -- The U.S. Court of Appeals for the Seventh Circuit's recent decision in Fox v. Dakkota Integrated Systems LLC[1] answers the question it left unaddressed in Bryant v. Compass:[2] whether an alleged failure to comply with a retention schedule for biometric data, as required by Section 15(a) of the Illinois Biometric Privacy Act, suffices to plead an injury in fact for purposes of Article III.

By answering that question in the affirmative, Fox furthers the trend of bolstering federal court standing in Biometric Information Privacy Act, or BIPA, cases — and, in so doing, making it easier for defendants to remove such...

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