Chicago partner Justin Kay spoke with Practical Law The Journal regarding biometric data privacy laws for its GC Agenda for February 2019. Justin noted that while only three states presently have such laws on the books (Illinois, Washington, and Texas) an increasing number of states are considering similar laws, and that companies using biometrics should be sure to remain informed about these legislative proposals. Justin also noted that Illinois has become a hotbed for class actions related to Illinois’ biometric data privacy law, the Biometric Information Privacy Act (BIPA).
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Justin was also quoted in a PropertyCasualty360 article titled “Illinois Biometrics Privacy Ruling May Lead to Flood of Lawsuits.” The Illinois Supreme Court’s recently ruled in Rosenbach v. Six Flags Entertainment Corporation that allegations of a mere technical violation of the statute’s notice and consent requirements are enough to state a claim under BIPA. Justin noted, “[t]he risks of damages that have to be paid versus actual harm is so out of proportion, I think there’s an incentive to file lawsuits.” Given the likelihood of increased actions, he also commented on the potential effect on businesses in Illinois, saying, “I think businesses will be more wary about deploying biometrics in Illinois.”