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Biometric Privacy Legal Landscape Case Law Developments

Q1 Biometric Privacy Litigation Update

Amanda M. Noonan |

In the first quarter of 2022, there have already been significant legal developments in the biometric technology space. Most notably, the Illinois Supreme Court—which has actively taken Illinois Biometric Privacy Act (“BIPA”) cases amid the surge of such class action litigation in federal and state courts—issued several consequential BIPA opinions this year. Though 2022’s most critical BIPA decisions are likely still on the horizon.

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Case Law Developments

Illinois Appellate Court Clarifies Applicable Limitations Period in BIPA Class Action Litigation

David J. Oberly |

On September 17, 2021, the Illinois Appellate Court First District delivered its much-anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563 (1st Dist. Sep. 17, 2021), addressing the applicable statute of limitations for causes of action asserted under the Illinois Biometric Information Privacy Act (“BIPA”).

The court held that claims brought under Sections 15(a), (b), and (e)—pertaining to the law’s privacy policy/data destruction, notice/consent, and data security requirements—are subject to a five-year statute of limitations. Conversely, claims asserted under Sections 15(c) and (d)—relating to the law’s ban on profiting from biometric data and disclosure limitations—are subject to a one-year limitations period.

Importantly, in finding that BIPA’s two most commonly asserted provisions, Sections 15(a) and (b), are subject to the longer five-year limitations period, the opinion ensures that the tsunami of class action BIPA filings will continue to flood the courts for the foreseeable future.