Illinois High Court Sets Five-Year Privacy Violation Window (1)

The Illinois Supreme Court on Thursday held the state’s biometric privacy law allows complainants to bring claims within five years of an alleged violation, potentially increasing employer exposure to liability under the statute.

The decision is the first of two highly anticipated rulings from the state’s high court in 2023 on the scope of liability for entities using biometric technology under the Illinois Biometric Information Privacy Act.

The high court reversed in part an appellate ruling that said a one-year statute of limitations period applied to some claims under the statute and a five-year period applied to other claims. ...