Illinois Court Says Fingerprint Lawsuits Must Show Actual Harm

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December 26, 2017

An Illinois state appeals court said plaintiffs must show actual harm to qualify as an "aggrieved" person under the state's biometric data law, reports Law360.

The court said that the word "aggrieved" in the law requires plaintiffs show actual harm, rather than suing over technical violations. The chair of Shook Hardy & Bacon's data security and privacy group, who was not involved in the case, said the decision is "a more natural fit with the factual reality."

The Illinois law is unique because it allows individuals, rather than the state's attorney general, to file suits against business over the storage or use of biometric data. There has been a spike in the amount of litigation over the law this year. A Chicago attorney told the Cook County Record that the spike was only "the beginning of this type of litigation."