Biometric Privacy Violations Derail BNSF
In October 2022, an Illinois jury handed down a first-of-its-kind verdict holding BNSF Railway Company liable for no fewer than 45,600 reckless or intentional violations of Illinois' Biometric Information Privacy Act (BIPA).
It is no secret that Illinois has some of, if not the, strictest laws related to the collection and use of individuals’ biometric information. The state’s Biometric Information Privacy Act (BIPA), signed into law in 2008, prohibits companies from collecting, using, or storing a person’s biometric information, such as fingerprints, unless the company gives adequate notice of the practice, obtains express written consent on an individual basis, and makes disclosures as specific by law. While a negligent violation carries a $1,000 per instance penalty, a reckless or even intentional violation has a $5,000 penalty for each incident.
In October 2022, an Illinois jury handed down a first-of-its-kind verdict: BNSF Railway Company was found liable for no fewer than 45,600 reckless or intentional BIPA violations, for total damages of $228 million. We were able to discuss the case and its significance with Sean Griffin, a member at Dykema who practices in data privacy and cybersecurity. While some have said the Rogers decision will bring a plethora of BIPA-related claims, Sean Griffin, a member at Dykema who practices in data privacy and cybersecurity, called it “a lodestar for BIPA litigation.”
This premium content is locked for
Insurance Coverage Law Center subscribers only.
Enjoy unlimited access to the single source of objective legal analysis, practical insights, and news for the insurance industry.
- Access the most current expert analysis and daily developments across jurisdictions
- Solve complex research issues with expert tools and intelligence
- Tap into insurance coverage expert guidance
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact our Sales Department at 1-800-543-0874 or email [email protected].
Copyright © 2024 ALM Global, LLC. All Rights Reserved.