In Intellectual Property & Technology Law Journal Article, Akin Gump Litigators Discuss Illinois Court Ruling on Biometric Information Privacy Act

Intellectual Property & Technology Law Journal has published the article “Rosenbach v. Six Flags — Illinois Supreme Court Takes Expansive View of Statutory Standing Under the Biometric Information Privacy Act,” written by Akin Gump litigation partners Kathryn Deal, Meredith Slawe, Natasha Kohne and Michelle Reed.

The article, which originated as an Akin Gump client alert, discusses a ruling by the Illinois Supreme Court “that a plaintiff does not need to plead actual harm or injury resulting from an alleged [Biometric Information Privacy Act] violation in order to seek injunctive relief and liquidated statutory damages of up to $5,000 per alleged violation.” The decision, the authors write, “is inconsistent with the approach to constitutional standing employed in federal courts, and it also departs from other judicial interpretations of what it means to be ‘aggrieved’ by an alleged statutory infraction.”

Given the discrepancy between this ruling and what has come from the federal courts, the article states that the decision “underscores the need for companies operating in Illinois to consider taking steps to mitigate litigation risk under the BIPA.” In addition, companies should consider “whether biometrics-related programs make economic sense in Illinois and, if so, whether they can take preventative measures to bolster their disclosure, consent and data protection practices,” in addition to their contractual terms with consumers and employees.

To read the full article, please click here.