While BIPA is specific to Illinois, it is just the tip of the iceberg, representing a larger movement across the country to shore up privacy laws at the state-level. (Photo: Shutterstock)
In January 2019, the Illinois Supreme Court upheld consumers' rights to sue companies for collecting their fingerprints without explicit consent. This precedent-setting case, Rosenbach v. Six Flags Entertainment Corp, was the first to extend the interpretation of the Illinois Biometric Information Privacy Act (BIPA) holding that individuals do not need to prove they were actually harmed by the misuse of their biometric information—only that their rights under the law were violated.
The Rosenbach interpretation of the Illinois BIPA gives individuals more agency to act if they suspect their personal information is being used without their consent. As a result, the Rosenbach decision may dramatically and fundamentally change the way that companies think about, use, and collect biometric data from both their consumers and employees.
How biometric data is used
While it may sound like biometric data is something out of a sci-fi movie, it's actually quite common. An increasing number of employers are collecting and using employee fingerprints to allow access to the factory floor or clock in and out of shifts.
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