PogoWasRight.org

Menu
  • About
  • Privacy
Menu

Actual Harm Not Required to Sue Under Illinois Biometric Information Privacy Law

Posted on January 25, 2019 by pogowasright.org

Jason C. Gavejian and Joseph J. Lazzarotti of Jackson Lewis write:

Earlier today, the Illinois Supreme Court handed down a significant decision concerning the ability of individuals to bring suit under the Illinois Biometric Information Privacy Act (BIPA). In short, individuals need not allege actual injury or adverse effect, beyond a violation of his/her rights under BIPA, in order to qualify as an “aggrieved” person and be entitled to seek liquidated damages, attorneys’ fees and costs, and injunctive relief under the Act.  Potential damages are substantial as the BIPA provides for statutory damages of $1,000 per negligent violation or $5,000 per intentional or reckless violation of the Act.  To date, no Illinois court has interpreted the meaning of “per violation,” but the majority of BIPA suits have been brought as class actions seeking statutory damages on behalf of each individual affected.

Read more on Workplace Privacy, DataManagement & Security Report.

Category: BreachesCourtFeatured NewsLaws

Post navigation

← AU: Insurers gaining ‘open-ended access’ to medical records slammed as ‘unfair privacy breach’
Victory: Federal Court in Seattle Will Begin Disclosing Surveillance Records →

Now more than ever

Search

Contact Me

Email: info@pogowasright.org

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

Categories

Recent Posts

  • CFPB Quietly Kills Rule to Shield Americans From Data Brokers
  • South Korea fines Temu for data protection violations
  • The BR Privacy & Security Download: May 2025
  • License Plate Reader Company Flock Is Building a Massive People Lookup Tool, Leak Shows
  • FTC dismisses privacy concerns in Google breakup
  • ARC sells airline ticket records to ICE and others
  • Clothing Retailer, Todd Snyder, Inc., Settles CPPA Allegations Regarding California Consumer Privacy Act Violations

RSS Recent Posts on DataBreaches.net

  • Breachforums Boss “Pompompurin” to Pay $700k in Healthcare Breach
  • HHS Office for Civil Rights Settles HIPAA Cybersecurity Investigation with Vision Upright MRI
  • Additional 12 Defendants Charged in RICO Conspiracy for over $263 Million Cryptocurrency Thefts, Money Laundering, Home Break-Ins
  • RIBridges firewall worked. But forensic report says hundreds of alarms went unnoticed by Deloitte.
  • Chinese Hackers Hit Drone Sector in Supply Chain Attacks
©2025 PogoWasRight.org. All rights reserved.
Menu
  • About
  • Privacy