Biometric Privacy Claims Not Preempted by Illinois Law (1)

Feb. 3, 2022, 4:15 PM UTCUpdated: Feb. 3, 2022, 6:22 PM UTC

The Illinois Workers’ Compensation Act doesn’t bar claims for statutory damages under the state’s biometric privacy law, the Illinois Supreme Court ruled in a unanimous opinion filed Thursday.

The ruling opens the door for plaintiffs seeking to bring claims under the Biometric Information Privacy Act, which gives consumers and employees rights over how their voices, fingerprints, facial scans, and the like are collected and shared by companies.

The opinion upholds an Illinois Appellate Court decision that found Marquita McDonald’s BIPA claim against her former employer, nursing home Symphony Bronzeville Park LLC, wasn’t preempted by the Illinois Workers’ Compensation Act.

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