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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 ...