illinois biometric information privacy act lawsuit

Nor is it known whether, even assuming the defendants had not followed the mandated consent, notice and disclosure procedures, the plaintiffs’ fingerprint or finger scan data were ever put at risk of being compromised or how the plaintiffs might have been harmed.

First, Heard agrees that Section 15(b) [of BIPA] requires something more than mere possession of biometric data, but does not explain what that ‘something more’ is, if not an affirmative act of collection. In Illinois, the Biometric Information Protection Act law allows people to sue employers for mishandling biometric data. In this vein, Heard does not specify how an entity could ‘otherwise obtain’ biometric information without taking an active step to do so. Users don't need to prove an injury like identity fraud or physical harm—just losing control of one’s biometric privacy is injury enough. White Castle argued its violation was failure to get informed consent, but Tharp said the act of collecting a fingerprint without authorization or disclosure violates BIPA. A ‘bare procedural violation divorced from any concrete harm’ does not qualify as an injury in fact.”“A procedural statutory violation may constitute an injury-in-fact on its own if the [state] legislature has elevated a de facto injury that ‘was previously inadequate in law’ to the ‘statues of illegally cognizable injury,’” Gettleman wrote in his dismissal of the case from the federal court, noting, “a statutory violation causes a concrete injury for Article III standing only if it presents an ‘appreciable risk of harm’ to the underlying interest the [legislature] sought to protect by enacting the statute.”Hunter did not allege a failure to obtain consent, a risk to her biometric data, and claims that data was disseminated to a payroll company were not consistent between the original complaint, the amended complaint, and the brief on standing.“Not surprisingly,” Gettleman added, “several district courts within this circuit have addressed the precise issue before this court, and have concluded that allegations of violation of BIPA’s procedural requirements absent allegations of dissemination, or at least an appreciable risk of dissemination, do not suffice to support Article III standing,” and sided with AHS’s argument that “jurisdiction is proper based on the Illinois Supreme Court’s decision in However, in Hunter’s lawsuit against AHS, the complaint does not allege an increased risk of harm, and does not meet the criteria for concrete injury.Hunter had asked the court to remand the case to Cook County Circuit Court “in light of the uncertainty in the law and the weight of authority favoring remand.”“We wanted the case in state court; that’s why we filed it there,” David Fish of The Fish Law Firm, which represents Hunter and the proposed class, was quoted saying by Hunter had told the court that that unlike other BIPA cases, hers did not allege any wrongful disclosure to a third party, such as a payroll company, and that “(t)here is a significant concern that this case could remain pending for years and when it ends up before the Seventh Circuit, all the work would be wasted if no Article III standing” is granted.The Seventh Circuit has yet to become involved. Add to your tech knowledge with deep training in privacy-enhancing technologies and how to deploy them. In addition, BD has moved to strike Heard’s class allegations.”It did not go unnoticed by Pallmeyer, as she granted the dismissal, that many suits have been brought against employers in recent months by employees subject to fingerprint scans on very similar grounds.Hunter “does not allege, and admits that she cannot allege, that the unknown payroll vendor does not have any data security controls,” Gettleman said, remanding the case to the Circuit Court of Cook County for lack of federal standing.AHS had removed the case to federal court and, “after the plaintiff filed an amended complaint, moved to dismiss arguing that plaintiff’s claims are barred by the statute of limitations or preempted by the Illinois Workers Compensation Act.”Gettleman wrote that “During the court’s review of the parties’ briefs on the motion to dismiss, it became apparent to the court that there is a serious question as to subject matter jurisdiction, and the court ordered the parties to submit briefs addressing whether plaintiff has alleged an injury-in-fact sufficient to establish Article III standing to proceed in federal court.”But after “having reviewed those briefs, the court concludes that the plaintiff has not alleged an injury-in-fact, and remands the case to the Circuit Court of Cook County, Illinois,” Gettleman ruled, dismissing the civil suit from federal jurisdiction.Gettleman explained that the plaintiff took on the burden of establishing jurisdiction, and therefore standing, by removing the case to federal court.In order “To qualify as an injury-in-fact, the alleged injury must be ‘concrete and particularized’ and ‘actual and imminent and not conjectural or hypothetical,’” Gettleman ruled, citing case law. Maybe forget it. And as BD points out, Black’s Law Dictionary defines ‘obtain’ as ‘[t]o bring into one’s own possession; to procure, Pallmeyer ruled “Heard has not adequately pleaded that BD took such any such step.”With a huge volume of cases under court review, as noted by Pallmeyer, the details of standing in federal and circuit court and novel defenses like the healthcare exemption alleged by BD will surely be further tested in the near future.Copyright © 2020 Biometrics Research Group, Inc. All Rights Reserved.

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