Court Overturns Decision in Illinois’ Landmark Biometric Privacy Case

Rules ‘the injury is real and significant' in Six Flags suit

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The Illinois State Supreme Court has reversed a decision in the case brought by a mother against Six Flags after the amusement park captured her son’s thumbprint without written permission, as required under the state’s biometrics law.

This reversal could significantly change how courts allow privacy claims to proceed even if plaintiffs cannot demonstrate they suffered actual harm. It could also dramatically impact future privacy legislation in the U.S.

Illinois’ Biometric Privacy Information Act (BIPA) was enacted in 2008 to help regulate “the collection, use, safeguarding, handling, storage, retention and destruction of biometric identifiers and information.”



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