Statutory Interpretation – Illinois’ Biometric Information Privacy Act

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7^th Circuit Court of Appeals

Case Name: Christine Bryant v. Compass Group USA, Inc.,

Case No.: 20-1443

Officials: WOOD, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

Focus: Statutory Interpretation – Illinois’ Biometric Information Privacy Act

Section 15(b) of Illinois’s Biometric Information Privacy Act (BIPA), 740 ILCS 14 (2008), regulates the collection, use, and retention of a person’s biometric identifiers or information. It requires collectors of this material to obtain the written informed consent of any person whose data is acquired. This regime is designed to protect consumers against the threat of irreparable privacy harms, identity theft, and other economic injuries arising from the increasing use of biometric identifiers and information by private entities. As a matter of state law, anyone “aggrieved” by a violation of the disclosure and informed consent obligations is entitled to bring a private action against the alleged offender. The question now before us is whether, for federal-court purposes, such a person has suffered the kind of injury-in-fact that supports Article III standing. We conclude that a failure to follow section 15(b) of the law leads to an invasion of personal rights that is both concrete and particularized. See Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016). We therefore reverse the district court’s order remanding this case to state court and remand for further proceedings.

Reversed and remanded

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.