Ever-Expanding BIPA Damages: Illinois Supreme Court Holds Each Collection or Dissemination of Biometric Data Constitutes a Separate Violation of BIPA -

In an eagerly-awaited decision in Cothron v. White Castle System, Inc., the Illinois Supreme Court recently held, by a 4-3 margin, that a separate claim for damages accrues under the Illinois Biometric Information Privacy Act (BIPA) every time a private entity scans or transmits an individual’s biometric identifier or information in violation of BIPA. In so holding, the Court rejected the commonly asserted position that a BIPA violation occurs only upon the first scan and first transmission. For businesses operating in Illinois that utilize biometric data, this holding could significantly expand potential BIPA damages. Because BIPA claims are often based on repeated actions, such as using a thumbprint scanner to clock in and out of work each day, the Illinois Supreme Court’s ruling ratchets up potential damages dramatically.