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.
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