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Analysis

The Cost of Collecting Fingerprints

An increasing number of companies are collecting and using customer and employee fingerprints. But doing so comes with legal risks.

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In January 2019, the Illinois Supreme Court upheld consumers’ rights to sue companies for collecting their fingerprints without explicit consent. This precedent-setting case, Rosenbach v. Six Flags Entertainment Corp, was the first to extend the interpretation of the Illinois Biometric Information Privacy Act (BIPA) holding that individuals do not need to prove they were actually harmed by the misuse of their biometric information—only that their rights under the law were violated.

The Rosenbach interpretation of the Illinois BIPA gives individuals more agency to act if they suspect their personal information is being used without their consent. As a result, the Rosenbach decision may dramatically and fundamentally change the way that companies think about, use, and collect biometric data from both their customers and employees.

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