During Mark Zuckerberg's testimony on Capitol Hill regarding Facebook's privacy practices, U.S. Senator Dick Durbin, D-Illinois, surfaced the state's Biometric Privacy Act, or BIPA, which is a law governing the collection and storage of biometric indicators like fingerprints, facial features and iris scans. There is currently proposed legislation to roll back portions of the law to provide exceptions to BIPA.
In an interview with The Recorder, Shook Attorney Patrick Castle said "the current wave of suits fall 'pretty far away' from the original intent of the law: to govern how biometric identifiers were used in conducting financial transactions."
Castle, along with Shook's Data Security and Privacy Practice, is tracking BIPA litigation. He told The Recorder that defendants landed a significant win in BIPA cases from an Illinois appellate court in a case called Rosenbach v. Six Flags Entertainment. The Second District Appellate Court of Illinois held that plaintiffs must allege "actual harm" to get BIPA claims to stick.