The Recorder interviewed Shook's Patrick Castle about the surge of biometric privacy lawsuits affecting those in the retail, hospitality, restaurant and Internet industries, among others. Castle advises clients in the retail, insurance and financial industries, among others, on a variety of business litigation issues, including Privacy and Data Security.
Google's 'Art Selfie' Move Highlights Escalating Legal Battle Over Biometrics
By Ben Hancock
It's been a decade since the state of Illinois enacted legislation to protect consumers' biometric data - their fingerprints, retina patterns and facial geometry. But a long series of legal battles that could define the scope and impact of the law is just beginning to come to a head.
An intermediate Illinois appellate court handed a win to defendants in December in a case called Rosenbach v Six Flags Entertainment ruling that language in the statute means a plaintiff must allege "actual harm."
If the decision stands and is endorsed by other courts, it could turn the tide for defendants, said Patrick Castle, an associate with Shook, Hardy & Bacon in Chicago who focuses on biometric privacy litigation.
"Many plaintiffs will have a difficult time meeting that standard because most people who are suing under this haven't been injured in any meaningful way," Castle told The Recorder.
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