Unanimous Decision in Illinois Supreme Court Ensures Strict Limits on Biometric Data Collection

January 25, 2019

The Illinois Supreme Court ruled today in Rosenbach v. Six Flags, a case about a state privacy law that protects biometric data. Parents sued the theme park after it collected a child's fingerprints, charging a violation of the Illinois biometric privacy law. The theme park claimed that it was necessary to show some additional harm, but the Illinois Court held that when companies violate the law, "the injury is real and significant." EPIC filed a "friend of the court" brief in the case, arguing that the biometric privacy law "imposes clear responsibilities on companies that collect biometric identifiers" and that if these provisions are "not enforced, the statute's subsequent provisions are of little consequence." EPIC has long advocated for strict limits on use of biometric data. EPIC also filed an amicus brief the OPM data breach, a case that concerned the breach of 5.1 million fingerprints, precisely the same biometric data at issue in this case.

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