Ill. Biometric Privacy Suits Must Claim Actual Harm, Court Says

Law360, New York (December 22, 2017, 4:54 PM EST) -- An Illinois state appeals court in a dispute involving the allegedly unlawful collection of fingerprints from a Six Flags season pass holder ruled Thursday that plaintiffs must claim some actual harm in order to be considered an “aggrieved person” covered by the state’s unique Biometric Information Privacy Act.

Stacy Rosenbach, whose son’s thumbprint was taken by Six Flags after he purchased a season pass for one of its Great America theme parks, sued Six Flags Entertainment Corp. and Great America LLC in 2016 for allegedly violating Illinois’ biometric privacy statute by failing to properly obtain written consent or disclosing their plan...

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