Employer Law Blog
December 29, 2017
Appellate Court Interprets Biometric Information Privacy Act
On December 21, 2017 the Illinois Appellate Court for the Second District determined that an actual injury is required in order to state a cause of action under the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.). Rosenbach v. Six Flags Entertainment Corp. 2017 Illinois Appellate (2nd) 170317. In the Rosenbach case, plaintiff filed a class action lawsuit alleging that Six Flags was liable for violation of the Act because it did not obtain her permission to collect a thumb print of her son when he bought a season pass for the Great America theme park. In her complaint, plaintiff did not allege any actual harm or injury.