BIPA Decisions Expand Potential Liability: What’s Next in Illinois and Other States?

Two recent long-awaited decisions from the Illinois Supreme Court expand potential liability for companies subject to Illinois’ Biometric Information Privacy Act (BIPA). In rulings issued only two weeks apart, the Court determined that all claims under BIPA are subject to a five-year statute of limitations and a separate claim accrues each time an entity scans or transmits an individual’s biometric identifier or biometric information. In this guest article, InfoLawGroup partners Benjamin Stein and Justine Young Gottshall analyze these cases and what they mean for companies subject to BIPA, and address other developments, enforcement actions and expectations under state and local biometrics laws around the country. See our two-part series on shaping the BIPA landscape: “Notable Trends and Developments” (Sep. 7, 2022); and “Avoiding Liability” (Sep. 14, 2022).

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