United States:
Illinois District Court Refuses To Dismiss Claims Against Photo Service Under State's Biometric Data Law
28 November 2017
by
Daniel J. McLoon
,
Mauricio Paez
,
Richard Johnson
,
Jonathon Little
,
Kevin Lyles
,
Todd McClelland
,
Jeff Rabkin
,
Lisa M. Ropple
,
Adam Salter
,
Michiru Takahashi
,
Undine Von Diemar
,
Olivier Haas
,
Jörg Hladjk
and
Anand Varadarajan
Jones Day
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On September 15, an Illinois federal court denied the motion to dismiss a putative class
action against an online photo company under the Illinois Biometric
Information Privacy Law Act ("BIPA"). BIPA prohibits
private entities from collecting or obtaining an individual's
"biometric identifier or biometric information" without
first informing the individual in writing about the information
that is being stored, the "specific purpose and length of
time" of its use, and further obtaining the individual's
express written release. The court rejected the company's claim
that BIPA applies only to facial scans or prints derived from
in-person scans.
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