The Illinois Supreme Court issued a much-anticipated opinion on the state’s biometric privacy law Friday, leaving the door open for massive damages when companies are found to violate residents’ privacy rights but suggesting lawmakers revisit the issue.
The case involves Ohio-based fast food company White Castle. Latrina Cothron, a Chicago-based White Castle manager, alleged she was required to use a fingerprint scan in order to access her paystubs at White Castle without prior consent in violation of the law.
“Ultimately, however, we continue to believe that policy-based concerns about potentially excessive damage awards under the Act are best addressed by the legislature,” Justice Elizabeth Rochford wrote in the opinion, which was joined by Justices P. Scott Neville, Joy Cunningham and Mary O’Brien. “We respectfully suggest that the legislature review these policy concerns and make clear its intent regarding the assessment of damages under the Act.
“The Illinois Supreme Court’s well-reasoned decision affirms that the law means what it says and that biometric data collectors cannot shirk their duties by relying on dubious interpretations of the statutory text,” Zouras said. “Hopefully, today’s decision will encourage employers and other biometric data collectors to finally start taking the law seriously and ensure such biometric data is properly safeguarded.
Matthew Kugler, a professor at Northwestern University’s Pritzker School of Law whose research includes biometric privacy issues, said the ruling sends a clear to signal to lower courts that companies should not be required to pay out such massive damages in privacy cases.
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