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On February 17, 2023, the Illinois Supreme Court held that an entity violates the Illinois Biometric Information Privacy Act (“BIPA”) each and every time it fails to fully comply with BIPA’s strenuous collection and dissemination requirements. The Court’s holding, derived from the case of Cothron v. White Castle Systems, Inc., deals a severe blow to any entity that has utilized biometric technology without full BIPA compliance.
On February 2, 2023, the Illinois Supreme Court weighed in and answered a question that had previously remained uncertain and hotly contested in recent years: how long is the statute of limitations for claims under the Illinois Biometric Information Privacy Act (“BIPA”)? According to the Supreme Court, the statute of limitations is five years.
On March 15, 2022, the U.S. District Court for the Northern District of Illinois held in the case of Rogers v. BNSF Railway Company, No. 19-C-3083, 2022 WL 787955 (N.D. Ill. Mar. 15, 2022) (slip copy) that the Federal Railway Safety Act (“FRSA”), the Interstate Commerce Commission Termination Act (“ICCTA”), and the Federal Aviation Administration Authorization Act (“FAAAA”) do not preempt a claim under the Illinois Biometric Information Privacy Act (“BIPA”).
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