Details

Autor(en) / Beteiligte

• Deal, Kathryn E
• Slawe, Meredith C
• Kohne, Natasha G
• Reed, Michelle A

Titel

Rosenbach v. Six Flags - Illinois Supreme Court Takes Expansive View of Statutory Standing Under the Biometric Information Privacy Act

Ist Teil von

• Intellectual property & technology law journal, 2019-04, Vol.31 (4), p.17-19

Ort / Verlag

Clifton: Aspen Publishers, Inc

Erscheinungsjahr

2019

Quelle

Business Source Ultimate

Beschreibungen/Notizen

• [...]given the growing use of biometric technology, companies operating in Illinois should be aware of the Rosenbach ruling and the potential it has to perpetuate state court litigation and disproportionate aggregate exposure under the BIPA, even in the absence of any identified loss, data breach, or actual damage. According to the pleaded allegations, Six Flags collected his biometric identifiers and information in violation of the BIPA's disclosure, consent, and data retention and destruction requirements. [...]the court stated that the "preventative and deterrent" purposes of the BIPA would not be served if plaintiffs had to suffer "some compensable injury" beyond a statutory violation before "they may seek recourse. For the time being, however, the Rosenbach decision underscores the need for companies operating in Illinois to consider taking steps to mitigate litigation risk under the BIPA. [...]the judiciary or the legislature brings some balance and consistency to the on-going wave of putative class actions under the BIPA, companies will want to consider whether biometrics-related programs make economic sense in Illinois, and if so, whether they can take preventative measures to bolster their disclosure, consent, and data protection practices, as well as their contractual terms with consumers and employees, to minimize the disproportionate risk associated with no injury, "gotcha" litigation of this sort.