Two recent rulings interpreting the controversial Biometric Information Privacy Act (BIPA) raise the stakes for Illinois employers that use biometric information.
BIPA forbids employers to collect, capture, purchase, or obtain a person’s biometric information unless they first inform the person in writing what the information will be used for and how long it will be stored and obtain a written release from the person. Biometric data includes fingerprints, retina scans, voiceprints, and other biometric identifiers.
In Cothron v. White Castle System, the Illinois Supreme Court held February 17 that BIPA claims and their related penalties accrue each time — not only the first time — that an employer unlawfully collects or discloses biometric information. In Tims v. Black Horse Carriers, the state’s high court concluded February 2 that all BIPA claims carry a five-year statute of limitations.