As readers of CPW already know, there are a number of open ended questions regarding litigations under BIPA that are to be decided in the near future. One of these cases is In Re: White Castle System, Inc., No. 20-8029 (7th Cir.). The plaintiff, Latrina Cothron, sued her employer, the fast food chain White Castle, accusing the company of using her fingerprints as part of its timekeeping system without first obtaining written consent as required under BIPA. This was notwithstanding that Plaintiff had previously consented to the collection of her biometric data before the statute was enacted in 2008. The Seventh Circuit’s decision which will likely address, among other issues, whether a private entity violates BIPA only when it first collects or discloses an individual’s biometric data without making the required disclosures, or whether a violation occurs each time the entity collects or discloses the data.
CPW’s Kristin Bryan was interviewed by Jake Holland of Bloomberg Law regarding this litigation. As she explained, “[p]otentially billions of dollars hang on the line for this Seventh Circuit appeal,” and “[i]t’s going to have a huge impact on current and future litigation.” You can check out the full article and her comments below. And stay tuned for CPW’s break down of this critical data privacy case.