Illinois Biometric Law Applies to Each Scan, Supreme Court Says

One of the nation’s strictest laws regulating the collection, storage and use of biometric data, such as fingerprint scans and voice prints, just got costlier for repeat violators.

On Feb. 17, the Illinois Supreme Court held that claims under the Illinois Biometric Information Privacy Act (BIPA) accrue each time a private entity scans a person’s (i.e. a truck driver's) biometric identifier and each time a private entity transmits such a scan to a third party.

This decision resolves a long-standing question of whether a plaintiff has a BIPA claim the first time a private entity scans their biometric identifier or for each time a private entity scans a biometric identifier, according to a Scopelitis, Garvin, Light, Hanson & Feary news alert.

The move will protect truck drivers operating in Illinois from unlawfully collected biometric data, but now subjects private entities who fail to follow BIPA requirements substantial potential liability and “the potential for astronomical liquidated damages.”

The Illinois Supreme Court issued the decision in Cothron v. White Castle System, Inc.  

How does this impact truck drivers and motor carriers? Check out this video interview with a law partner who specializes in BIPA claims.

BIPA’s Five-Year Statute of Limitations

Earlier this month, the Illinois Supreme Court also issued a decision in Tims v. Black Horse Carriers, Inc., holding that Illinois’ five-year catch-all statute of limitations applies to claims brought under BIPA.

The decision resolves a split among lower courts about whether a one-year or five-year limitation applies to BIPA claims, Scopelitis, Garvin, Light, Hanson & Feary reported.