New Privacy Claim Threat
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New Privacy Claim Threat

In a closely watched case the Illinois Supreme Court held a theme park season pass holder may claim the park breached the state's groundbreaking biometric privacy law by collecting her son's thumbprint without permission without alleging actual harm. The state high court said it would not disregard the commonly understood and accepted meaning of the term “aggrieved”, nor would it depart from the plain and unambiguous language of the law expressing the legislature’s intent that a plaintiff need not suffer actual harm from a violation of the Illinois Biometric Information Privacy Act (BIPA). This case could propel more than 200 pending similar cases and puts all entities that collect biometric data from any individual such as an employee, consumer or customer on notice to put written policies and consents in place that meet BIPA requirements. 

Rosenbach v Six Flags Entertainment Corporation