On October 13. 2020, White Castle System, Inc. petitioned the United States Court of Appeals for the Seventh Circuit for permission to seek an interlocutory appeal pursuant to 28 U.S.C. § 1292(b).  This petition arises out of the United States District Court for the Northern District of Illinois’ opinion on White Castle’s motion for judgment on the pleadings issued on August 7, 2020.  The matter hinged on whether repeated collection of the same biometric information from an employee without prior consent constituted separate violations of the Illinois Biometric Information Privacy Act (BIPA).

Summary of District Court’s Cothron v. White Castle Opinion

In the district court’s opinion, Judge Tharp held that “[a] party violates Section 15(b) [of the BIPA] when it collects, captures, or otherwise obtains a person’s biometric information without prior informed consent.”  Judge Tharp continued, “[t]his is true the first time an entity scans a fingerprint or otherwise collects biometric information, but it is no less true with each subsequent scan or collection.”  Similarly, Judge Tharp held that BIPA requires that dissemination of information without consent, even if to the same third party as previously disseminated, is an additional violation of the BIPA.


Continue Reading Does Continued Collection of The Same Biometric Information Increase BIPA Violations? The Seventh Circuit (or Illinois Supreme Court) Has An Opportunity to Clear the Air

Does your phone immediately unlock for use after you glance at it?  Have you visited your favorite social media platform only to find that you have been tagged in dozens of pictures?  Or how about that time you scanned your fingerprints or eyes to open your phone, gain admittance to a theme park, or pass through airport security?  These features all involve biometrics technology—the latest trend and high-growth area of technology used to help organizations provide consumers with a more effortless and interactive experience in exchange for personal information about your physical or behavioral attributes.  Companies should be mindful in collecting this data and how they use and store that information.

Biometrics include facial, fingerprint, iris, gestures, and voice recognition.  While biometrics technology is becoming more ubiquitous in daily life and being employed by more governmental agencies and service providers, new privacy considerations will continue to emerge as a result of the pieces of personal information shared by consumers to increase convenience.


Continue Reading As Biometrics Technology Permeates Everyday Life, What Laws Should Companies Be Aware Of?