EPIC Tells Court Not to Weaken Enforcement of Illinois Biometric Privacy Law
LEGENDARY has filed an amicus brief in Cothron sixth is v. White Castle , an instance about when violations associated with Illinois’s Biometric Information Personal privacy Act (“BIPA”) can be vindicated in court. Cothron claims that White Castle gathered and disclosed her finger prints for a decade in breach of BIPA. White Fortress is trying to scuttle the situation, claiming that an individual is just able to sue the first time an organization violates their BIPA legal rights because it is only then that the individual “loses control” of the biometric data and experiences a legal injury. White Fortress argues that, even if the corporation continued to violate BIPA to this day, they shouldn’t be kept liable because the first infringement was long enough ago it falls outside the statute associated with limitations. But the Illinois Great Court held in Rosenbach v. Six Red flags that every breach of BIPA confers the perfect to sue. The region court accordingly rejected Whitened Castle’s argument, but qualified the question to a federal is attractive court. EPIC filed a good amicus brief in the is attractive court and argued that will White Castle’s proposed guideline would effectively “overrule the particular Illinois Supreme Court on the question of state law” by attempting “to transfer arguments about Article 3 standing into the BIPA lawful injury analysis. ” LEGENDARY also argued that Whitened Castle is “mistaken regarding the underlying purpose of BIPA” which White Castle’s rule “would in fact undermine BIPA’ h purposes” because it “would take away the key incentive for businesses who previously violated BIPA to come into compliance, embrace responsible biometric data procedures, and seek informed permission. ” EPIC has submitted amicus briefs in other BIPA cases, including Rosenbach v. Six Flags and Patel v. Facebook , plus regularly participates as amicus in cases regarding the right to sue for personal privacy violations .