Partner Adrienne Ehrhardt was quoted in Law360's article, "Ill. Biometric Ruling A Boon To Plaintiffs, Yet Questions Linger" on January 25, 2019.
The recent influx of litigation under Illinois' unique Biometric Information Privacy Act is set to intensify after the state's high court ruled that plaintiffs don't need to allege actual harm to mount such suits, but questions over how the law applies to companies' data-gathering practices could threaten the long-term viability of such challenges.
Michael Best & Friedrich LLP privacy and cybersecurity practice group chair Adrienne S. Ehrhardt said the Rosenbach ruling appeared to be consistent with Spokeo, which held that the violation of a procedural right granted by a statute "can be sufficient in some circumstances to constitute injury-in-fact" and that in those cases, "a plaintiff need not allege any additional harm beyond the one identified by" lawmakers.
“The Illinois Supreme Court found that the alleged biometric privacy violations weren’t merely technical because they created some harm for Illinois residents, and took issue with the Illinois appellate court’s ruling to the contrary,” Ehrhardt said.
To read the entire Law360 article, click here.