Analysis

Illinois Biometric Privacy Cases To Watch In 2nd Half Of 2021

By Celeste Bott (July 8, 2021, 7:05 PM EDT) -- The evolving landscape of biometric privacy litigation in Illinois could be significantly altered by pending state and federal cases considering the timing of claims under the state's landmark statute and whether employee privacy claims are preempted by the Illinois workers' compensation law.

The Illinois Supreme Court has agreed to consider whether the state's workers' compensation law preempts claims for statutory damages under the Illinois Biometric Information Privacy Act, a state law requiring informed consent and certain disclosures before the collection, use and storage of biometric information, such as fingerprints.

The Seventh Circuit has been asked to decide whether BIPA claims accrue with...

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