Illinois Appellate Decision Creates Split on Standing to Sue Under BIPA

The Illinois Biometric Information Privacy Act, a groundbreaking statute that specifies requirements for the collection and handling of biometric data, has been the basis for a number of standing cases. The recent decision by the Appellate Court of Illinois, First District, in Klaudia Sekura v. Krishna Schaumburg Tan, Inc., has lowered the bar for plaintiffs, although a pending Illinois Supreme Court decision in a different case may raise it again. This article analyzes the Decision and other relevant cases, with insights from Jackson Lewis principals Jason C. Gavejian and Joseph J. Lazzarotti. See also “Actions Under Biometric Privacy Laws Highlight Related Risks” (Dec. 6, 2017).

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