Developments in Illinois’ Biometric Privacy Law- Nov. 2024
The Recap
A federal judge dismissed a lawsuit under Illinois’ Biometric Information Privacy Act (BIPA) earlier this month, applying a recent amendment that limits the size of damages in biometric privacy violations. The decision signals the courts' readiness to implement the new clarification retroactively in ongoing cases. The lawsuit, filed by a former employee of Central Transport LLC, claimed BIPA violations for improper collection of biometric data.
Illinois' Biometric Information Privacy Act (BIPA) was clarified by state lawmakers earlier this year, limiting the potential damages businesses can face in lawsuits. A federal judge recently applied the amendment in dismissing a case filed by a former employee of Central Transport LLC, reducing the damages from $75,000 to a maximum of $15,000. The ruling reflects the legislature's intent to prevent excessive payouts, as seen in previous cases like White Castle. The law now allows businesses to face only one violation per person, rather than per instance of biometric data collection.
The Game Plan
So, if you are collecting and processing biometric data, what can you takeaway from this and similar developments?
New Limits on Damages: The amendment to BIPA reduces the potential financial exposure in lawsuits, limiting the damages businesses may face.
Retroactive Application: Courts are applying the new rules to ongoing cases, impacting current and future lawsuits.
Compliance Remains Critical: Businesses must still ensure proper handling of biometric data to avoid violations, despite the amendment.
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