Illinois’ Biometric Privacy Law Amendment Deemed Retroactive (1)

An Illinois biometric privacy law amendment changing how damages are evaluated applies retroactively to cases that were pending when the amendment was adopted, a Seventh Circuit panel found Wednesday.

The amendment specified that damages should be paid out for each person harmed, not for each individual improper biometric scan—a remedial “procedural” change to Illinois law, not a “substantive” one, wrote Chief Judge Michael Brennan of the US Court of Appeals for the Seventh Circuit.

Brennan’s ruling could be the difference of millions or even billions of dollars in liability for companies in Illinois.

If the plaintiff in one underlying case ...