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Biometric fingerprint scan 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.

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