Retaining Fingerprint Information Does Not Necessarily Violate The Illinois Biometric Act

In one of only three cases decided under the Illinois Biometric Privacy Act ("BIPA"), 740 ILCS 14/1 et seq., an Illinois federal court recently dismissed a putative class action and confirmed that a suit cannot be based solely on a technical violation of BIPA. Adina McCollough v. Smart Carte, Inc. No. 16 C 03777, 2016 U.S. Dist. LEXIS 100404 (N.D. Ill. Aug. 1, 2016). The Court held that unless the Plaintiff can state a real injury-in-fact or identify an aggrieved party, they cannot seek relief against a private entity for a mere procedural violation.

In Chicago, Smart Carte operates storage lockers that use the renter's fingerprints as a key. Plaintiff McCollough claimed to have used a Smart Carte locker at a train station five times in 2015. She asserted that after retrieving her items from the locker, Smart Carte retained her biometric information (fingerprints) without notification and without her written consent.