Scopelitis, Garvin, Light, Hanson & Feary, P.C.

scopelitis

News & Analysis

Publication Details

Transportation Brief: Illinois Supreme Court Poised to Issue Key Biometric Privacy Law Rulings

by Jared Kramer

September 14, 2022

Illinois’ Biometric Information Privacy Act (BIPA) is one of the nation’s toughest laws regulating the collection, storage, and use of biometric identifiers. The Illinois Supreme Court is considering two cases that may have significant ramifications for companies that have potential exposure under the law. In Cothron v. White Castle System, Inc., the Illinois Supreme Court will determine whether claims alleging BIPA violations accrue each time a company scans a person’s biometric identifier, or only upon the first scan. A per-scan theory of claim accrual could lead to significantly greater damages for companies doing business in Illinois, despite a courts’ power under the statute to exercise discretion in awarding statutory damages. In a second case, the Court will determine the applicable statute of limitations period for BIPA claims. The Illinois Appellate Court previously held a 1-year limitations period applies to BIPA claims involving allegations of data publication, while Illinois’ 5-year catch-all limitations period applies to other claims.

 

 


Scopelitis’ Transportation Brief® is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.

 

 

 

Also in this issue: