Employers Face New Biometric Privacy Suits as Litigators Revive Old Illinois Law

Illinois has been a hot spot for biometric privacy litigation in the past few years, and, despite recent legislative changes aimed at limiting potential damages, the venue still appears set as a litigation hotspot as attorneys may be gravitating toward a new line of privacy claims.

In recent years, waves of privacy disputes have emerged under the state’s Biometric Information Privacy Act as employees challenged how employers stored data, such as fingerprints used to clock in and out of work. Plaintiff-favorable rulings in BIPA cases potentially put corporations at risk for exorbitant costs for each violation, but recent legislative changes put a limit on the lucrative payout potential of $5,000 per violation.