Chicago partner Justin Kay authored an article for the Association of Corporate Counsel Chicago titled “Illinois Supreme Court Holds that the Illinois Biometric Information Privacy Act is a Very Expensive Trap for the Unwary.” The article discusses the Illinois Biometric Information Privacy Act (BIPA) and the recent Illinois Supreme Court decision, Rosenbach v. Six Flags Entertainment Corporation.

In the highly anticipated decision, the Supreme Court ruled that failure to comply with BIPA’s technical requirements is the minimum requirement to bring a claim. Since this decision has established a low bar for filing suit, it will have an impact on pending BIPA-related lawsuits and likely create additional lawsuits. It will also affect efforts in other states to create biometrics-related legislation and impact discussions on adopting comprehensive federal privacy regulations.
Source: Association of Corporate Counsel
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