As reported here on February 17, 2020, the Illinois Biometric Information Privacy Act (“BIPA”) which went into effect in 2008 has been a steady source of litigation in federal and state courts.
The high level of activity stems from BIPA’s provision for a private right of action for anyone “aggrieved” by a violation of the statute, with penalties ranging from $1,000 for each “negligent” violation of BIPA to $5,000 for “intentional or reckless” violations of the Act. While the Illinois Supreme Court has permitted claims to go forward for alleged statutory violations in the absence of tangible harm, many federal courts have been more stringent, requiring “concrete” harm for purposes of Article III standing.
The Seventh Circuit Court of Appeals held yesterday that BIPA plaintiffs, for purposes of claims under Section 15(b) of the Act (which requires providing specific notice and obtaining consent from the particular person whose biometric information is collected) have standing to pursue their claims in federal court. A full analysis of the decision is available here.