In February 2023, the Illinois Supreme Court filed its opinion regarding the case of Latrina Cothron v. White Castle System, Inc. stating “a separate claim for damages can arise each time a business fails to seek permission to gather biometric data from workers or consumers or fails to disclose retention plans for that information.”1 This case will likely lead to an influx of litigation, and companies must be prepared to respond and mitigate risks surrounding claims.
What is the Biometric Information Privacy Act?
The Biometric Information Privacy Act2 (BIPA), which was passed in 2008, is an Illinois legislation that aims to “ensure that individuals are in control of their own biometric data.” Biometric data includes retina or iris scans, fingerprints, voiceprints, hand scans, facial geometry, DNA, and other unique biological information. The BIPA created a standard for how companies in Illinois should handle biometric information.
