On Friday, January 25, 2019, the Illinois Supreme Court filed a unanimous
opinion addressing whether one qualifies as an
"aggrieved person" under the Illinois Biometric
Information Privacy Act (BIPA) "if he or she has not alleged
some actual injury or adverse effect, beyond violation of his or
her rights under the statute."
As alleged in the complaint for Rosenbach v. Six Flags
Enter. Corp., a theme park operator in Illinois maintained a
system to collect and store pass holders' fingerprints and
biometric' identifiers gleaned from the fingerprints. This
information was to quickly verify customer identities for entry to
the theme park. The mother of a fourteen year old season pass
holder brought suit under BIPA on behalf of her son and similarly
situated individuals, seeking redress solely based on
defendants' failure to comply with the BIPA consent
requirements for the collection of biometric identifiers.
Defendants argued an individual must have sustained some
