Bloomberg Law
Free Newsletter Sign Up
Login
BROWSE
Bloomberg Law
Welcome
Login
Advanced Search Go
Free Newsletter Sign Up

Biometric Law Limitation Period Clarified by Illinois Court (1)

Sept. 21, 2021, 4:05 PMUpdated: Sept. 21, 2021, 6:23 PM

The Illinois Appellate Court clarified the statute of limitations under the state’s Biometric Information Privacy Act, writing that a five-year window applies to some claims while a one-year period applies to others.

The five-year statute of limitations applies to BIPA claims that allege collection of biometrics without written notice, failure to take care in storing or transmitting the data, and failure to develop a publicly available retention and destruction schedule, according to an opinion filed Sep. 17 in the Illinois Appellate Court First District.

The justices wrote that BIPA’s one-year statute of limitations applies to claims alleging improper disclosure and ...