Today, The Illinois Appellate Court, First District, entered a long anticipated Biometric Information Privacy Act (BIPA) ruling in McDonald v. Symphony Bronzeville Park LLC, finding that the exclusivity provision of the IL Workers’ Compensation Act does NOT bar a claim for statutory damages under the BIPA where an employer is alleged to have violated an employee’s statutory privacy rights under the BIPA. This was one of several defenses raised by Defendants in the ubiquitous IL class action BIPA cases and is yet another reason that employers need to make sure they are in compliance with the Illinois BIPA statute.
If you, your organization, or your clients collect and/or maintain any biometric information within the State of Illinois, you need certainty as to your obligations under BIPA. Our dedicated attorneys are available to outline the legal landscape and provide strategic direction to address all aspects of compliance, and litigation and the BIPA horizon. Contact Jamie Filipovic for your BIPA questions.