Illinois Supreme Court Allows Big Biometric Privacy Fines (3)

Companies in Illinois that collect fingerprints, face scans, and voiceprints without proper consent face the risk of millions of dollars in penalties, after the state’s high court ruled that claims under the Biometric Information Privacy Act accrue at each violation.

The Illinois Supreme Court on Friday found, 4-3, that a separate claim for damages can arise each time a business fails to seek permission to gather biometric data from workers or consumers, or fails to disclose retention plans for that information.

The majority, led by Justice Elizabeth Rochford, rejected White Castle’s argument that claims should accrue only at the first ...