Google biometric privacy suit dismissed for lack of injury
A lawsuit against Google under Illinois’ Biometric Information Privacy Act (BIPA) has been dismissed for failing to meet the “concrete injury” standard, Bloomberg reports.
What constitutes harm under BIPA is a point of major contention between plaintiffs and defendants in many suits, and the State Supreme Court is currently hearing arguments as it seeks to clarify the matter in a suit against Six Flags.
U.S. District Court Judge Edmond E. Chang dismissed the case “for lack of subject matter jurisdiction, because Plaintiffs have not alleged an injury in-fact,” according to a summary obtained by Bloomberg. It is not immediately clear if the dismissal will be appealed, but with the Supreme Court decision on the same question of interpretation pending, it seems likely.
Previous decisions by state courts have found that an “injury in-fact” is necessary to establish standing in BIPA suits, but in a separate case have also found that damage to plaintiffs’ “property interest” is sufficient to establish harm.
Google has lobbied in favor of proposed legislative changes to the most stringent biometric privacy laws in the U.S., but the incoming Illinois Attorney General has vowed to resist attempts to weaken BIPA.