Illinois Biometric Legislation Applies to Every Scan, Supreme Courtroom Says – Fleet Administration

One of many nation’s strictest legal guidelines regulating the gathering, storage and use of biometric information, resembling fingerprint scans and voice prints, simply obtained costlier for repeat violators.

On Feb. 17, the Illinois Supreme Courtroom held that claims below the Illinois Biometric Data Privateness Act (BIPA) accrue every time a non-public entity scans an individual’s (i.e. a truck driver’s) biometric identifier and every time a non-public entity transmits such a scan to a 3rd get together.

This resolution resolves a long-standing query of whether or not a plaintiff has a BIPA declare the primary time a non-public entity scans their biometric identifier or for every time a non-public entity scans a biometric identifier, based on a Scopelitis, Garvin, Mild, Hanson & Feary information alert.

The transfer will shield truck drivers working in Illinois from unlawfully collected biometric information, however now topics non-public entities who fail to observe BIPA necessities substantial potential legal responsibility and “the potential for astronomical liquidated damages.”

The Illinois Supreme Courtroom issued the choice in Cothron v. White Fortress System, Inc.  

How does this impression truck drivers and motor carriers? Try this video interview with a regulation associate who makes a speciality of BIPA claims.

BIPA’s 5-Yr Statute of Limitations

Earlier this month, the Illinois Supreme Courtroom additionally issued a call in Tims v. Black Horse Carriers, Inc., holding that Illinois’ five-year catch-all statute of limitations applies to claims introduced below BIPA.

The choice resolves a break up amongst decrease courts about whether or not a one-year or five-year limitation applies to BIPA claims, Scopelitis, Garvin, Mild, Hanson & Feary reported.