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Illinois Supreme Court hears arguments in biometrics case

Posted on November 21, 2018June 25, 2025 by Dissent

Joe Ragusa reports:

Stacy Rosenbach purchased a season pass for her son to go to Six Flags Great America in Gurnee in 2014.

Six Flags scanned his thumbprint as part of that pass. The company said fingerprint scanning allows people to gain access to its parks more efficiently, but Rosenbach’s lawyer claims Six Flags isn’t complying with the law.

“They did so without providing any written information about why they were collecting and for how long they would be storing it,” attorney Phillip Bock told the Illinois Supreme Court Tuesday. “And they did so without asking for his mother’s permission.”

Read more on WSIL.  Like other cases, this one may hinge on whether the plaintiffs can show actual harm occurred or if this is mostly about what might happen.  And your answer to the first question may depend on what you think constitutes proof of harm. Does a business simply acquiring and keeping your biometric data constitute harm? The business would like argue that it doesn’t, while privacy advocates would likely argue that it does constitute harm.

It will likely be a while before the judges rule on this case, but it is one to watch.

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