Insights On Article III Standing Under Ill. Biometrics Law

Law360, New York (November 30, 2017, 11:24 AM EST) -- On Nov. 21, 2017, the Second Circuit, in Santana v. Take-Two Interactive Software,[1] affirmed the lower court's decision that the plaintiffs lacked Article III standing to assert a claim under Illinois' Biometric Information Protection Act (BIPA), creating an apparent divide between plaintiffs who have voluntarily provided their biometric data and those who have not.

BIPA's Requirements

Enacted in 2008, BIPA requires entities collecting, using and storing biometric data (e.g., facial, retina and fingerprint scans) to, among other things: (1) inform the owner of the data of the purpose and length of retention; (2) obtain consent; (3) establish a retention schedule providing...

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