Illinois Supreme Court Rules Against Six Flags in Lawsuit Over Fingerprint Scans, Says Actual Harm Unnecessary For Biometric Case

The family of a teenager whose fingerprint data was collected in 2014 when he bought a season pass to Six Flags Great America had the right to sue the amusement park company under an Illinois privacy law, the state Supreme Court ruled Friday. Chicago Tribune reports: The case is being closely watched by tech giants such as Facebook, who have pushed back against the Illinois Biometric Information Privacy Act (BIPA). The law requires companies collecting information such as facial, fingerprint and iris scans to obtain prior consent from consumers or employees, detailing how they'll use the data and how long the records will be kept. It also allows private citizens to sue, while other states let only the attorney general bring a lawsuit.

The opinion, which overturns an appeals court ruling in favor of Six Flags, has the potential to effect biometrics lawsuits playing out in courtrooms across the country. The Illinois law is one of the strictest of its kind in the nation and has turned the state into a hotbed of lawsuits over alleged misuses of biometric data. Privacy experts say protecting that type of information is critical because, unlike a credit card or bank account number, it's permanent. The National Law Review adds: In short, individuals need not allege actual injury or adverse effect, beyond a violation of his/her rights under BIPA, in order to qualify as an 'aggrieved' person and be entitled to seek liquidated damages, attorneys fees and costs, and injunctive relief under the Act. Potential damages are substantial as the BIPA provides for statutory damages of $1,000 per negligent violation or $5,000 per intentional or reckless violation of the Act. To date, no Illinois court has interpreted the meaning of 'per violation,' but the majority of BIPA suits have been brought as class actions seeking statutory damages on behalf of each individual affected.

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