New Employer Guidance For Illinois Biometric Information Litigation

Jennifer J. Froehlich is an attorney and Phillip Schreiber is a partner in Holland & Knight's Chicago office

HIGHLIGHTS:

• The number of class actions brought under Illinois' Biometric Information Privacy Act (BIPA) has increased substantially each year since its passage in 2008.
• One of the main issues facing litigants is what constitutes an injury under the Act sufficient to give rise to an actionable claim, with plaintiffs often arguing that even technical violations of BIPA by employers – without regard to any actual harm – create an actionable claim under BIPA.
• In its recent decision in Johnson v. United Airlines, Inc., the U.S. District Court for the Northern District of Illinois viewed the mere violation of BIPA's notice and consent provisions alone as insufficient to support a claim.