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February 06, 2019

Justin Kay Comments on Landmark Biometrics Ruling

Chicago partner Justin Kay was quoted in Legaltech News and CPO Magazine on the Illinois Supreme Court’s recent ruling in Rosenbach v. Six Flags.

The court’s decision that plaintiffs can bring actions under Illinois’ Biometric Information Privacy Act (BIPA) even without actual harm is likely to bring an onslaught of litigation. Justin noted in Legaltech News that “The 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,” and as a result, “[b]usinesses will be more wary about deploying biometrics in Illinois.”

He explained in CPO Magazine how the decision might affect businesses, even those that attempt to comply with the statute, explaining, “[a] company that tells you verbally they are going to take your fingerprint for access control or security purposes — or that doesn’t tell you, but you know, based on the context — but that fails to inform you in writing that they are doing exactly what it is obvious they are doing, is still on the hook for thousands of dollars in statutory damages. Indeed, they could have military-level encryption and security protocols to safeguard your fingerprint information, but because they did not provide that information in a publicly available policy, they are subject to suit.”

Read the Legaltech News article: “Illinois Biometrics Ruling May Lead to Flood of Plaintiff Suits, Attorneys Say.

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