Illinois Supreme Court Opens the Floodgates to Biometric Information Privacy Act Suits

On January 25th, the Illinois Supreme Court ruled in Rosenbach v. Six Flags Entertainment Corp. that a plaintiff may be “aggrieved” under the state’s unique Biometric Information Privacy Act, 740 ILCS 14, even if she has suffered no injury.  The Act, which became law in 2008, prohibits entities from storing biometric information—like fingerprints or facial structure—unless they explain the purpose for which the information is being collected and publish a retention and destruction policy for the data.  In recent months, consumer protection firms have seized on the Act, filing new class action suits against employers and technology companies daily.  The litigation will likely grow after the Six Flags decision, which cleared one of the central hurdles facing BIPA plaintiffs.

To read the full memorandum, click here.

If you have any questions about the issues addressed in this memorandum, or if you would like a copy of any of the materials mentioned in it, please do not hesitate to reach out to:

Jonathan Bunge
Co-Chair, National Trial Practice
Managing Partner, Chicago Office
191 N. Upper Wacker Drive
Suite 2700
Chicago, IL 60606
Phone: 312-705-7476
Email: jonathanbunge@quinnemanuel.com

Andrew Schapiro
191 N. Upper Wacker Drive
Suite 2700
Chicago, IL 60606
Phone: 312-705-7403
Email: andrewschapiro@quinnemanuel.com

Daniel Lombard
191 N. Upper Wacker Drive
Suite 2700
Chicago, IL 60606
Phone: 312-705-7402
Email: daniellombard@quinnemanuel.com

Brianne Straka
191 N. Upper Wacker Drive
Suite 2700
Chicago, IL 60606
Phone: 312-705-7415
Email: briannestraka@quinnemanuel.com

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