Digital Transformation

On January 25, 2019, the Illinois Supreme Court in Rosenbach v. Six Flags Entertainment Corp. ruled unanimously that plaintiffs do not need to allege “some actual injury or adverse effect” in order to challenge alleged violations of Illinois’ Biometric Information Privacy Act (BIPA). In so doing, the Supreme Court expressly held that the loss of an individual’s right to control her “biometric privacy” is a “real and significant” injury on its own – whether or not that loss has any real-world effect.

What might the decision’s far-reaching implications for companies that collect and retain biometric data from their consumer or employees be?

Click here to read the full version of this alert, authored by Crowell & Moring Partner Jeff Poston, Counsel Josh Foust, and Associate Brandon Ge.