Illinois has recently made a significant change to the way damages are calculated in cases involving violations of the Biometric Information Privacy Act (BIPA). The BIPA is a law that regulates how companies can collect, store, and use biometric data such as fingerprints or facial scans. In the past, companies found to be in violation of the BIPA could face massive awards in damages. However, a recent decision by the Illinois Supreme Court has now curtailed these potentially staggering penalties.
In a case involving Six Flags, where the amusement park had collected biometric data from customers without their consent, the court ruled that damages could only be awarded based on actual harm suffered by the plaintiffs. This decision is a departure from previous interpretations of the BIPA, which allowed for damages of up to $5,000 per violation, regardless of whether any harm had actually occurred.
The ruling has been welcomed by businesses and has been seen as a way to prevent frivolous lawsuits that could result in exorbitant damages. However, privacy advocates are concerned that this decision may weaken the ability of individuals to hold companies accountable for mishandling their biometric data.
Overall, this decision signifies a shift in how BIPA violations are handled in Illinois and may impact how future cases are litigated. It is important for businesses to ensure they are in compliance with the BIPA to avoid facing costly consequences. As the use of biometric data continues to grow, it is crucial for companies to understand and adhere to the regulations surrounding its collection and use to protect both themselves and their customers.
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