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Illinois Justices Wary of Biometric Claims Accruing ‘Per Scan’

May 17, 2022, 6:42 PM

Illinois Supreme Court justices seemed skeptical of an argument that claims under the Biometric Information Privacy Act accrue at each improper collection or disclosure of fingerprint data, peppering attorneys at oral argument with questions about the potentially catastrophic damages that would follow such a reading.

A discrete violation of the state law occurred each time a White Castle System Inc. worker scanned her fingerprints as part of a timekeeping system without first providing consent, James Zouras, a partner at Stephan Zouras LLP in Chicago, alleged at oral argument Tuesday. The case presents a hotly contested issue for the Illinois ...