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Litigation over employers’ use of biometric data in Illinois includes:
• Stacy Rosenbach et al. v. Six Flags Entertainment Corp. and Great America L.L.C. The December ruling by the Illinois appellate court in Elgin concerned charges that Gurnee, Illinois-based Great America violated the Illinois Biometric Information Privacy Act when a boy buying a season pass was fingerprinted without the amusement park first properly obtaining written consent or disclosing its plan for the data’s collection, storage, use or destruction. “If a person alleges only a technical violation of the Act without alleging any injury or adverse effect, then he or she is not aggrieved and may not recover” under it, says the ruling.
• Hadit Santana et al. v. Take-Two Interaction Software Inc. In its November ruling concerning the collection of video game users’ facial biometric data, the 2nd U.S. Circuit Court of Appeals in New York affirmed the case’s dismissal, stating the New York-based video game company’s alleged violations of the Illinois law “fail to raise a material risk of harm.”
• Christopher Howe v. Speedway L.L.C.; Marathon Petroleum Co. and Kronos Inc. In ongoing putative class action litigation filed in U.S. District Court in Chicago, a plaintiff charges his former employer, Enon, Ohio-based Speedway, and Findlay, Ohio-based Marathon, violated the Illinois law by scanning his fingerprint and not informing him as to the “specific purpose and length of time” his fingerprints would be kept, not maintaining a publicly available retention schedule, nor obtaining a written release for them to collect this information.
Businesses are facing increased litigation over their growing use of biometrics, including the use of fingerprints, palm prints, voiceprints and eye scans, for identification.