Dismissed biometric privacy suit against Google appealed and filed in state court

Dismissed biometric privacy suit against Google appealed and filed in state court

A recently-dismissed lawsuit filed against Google under Illinois’ Biometric Information Privacy Act (BIPA) has been given new life by the State Supreme Court ruling on the definition of “harm” under the statute, and is being revived in both state and appellate courts, MediaPost reports.

Illinois residents Lindabeth Rivera and Joseph Weiss allege that Google violated BIPA by compiling faceprints of them and other state residents without the necessary notice and consent. The suit was dismissed by U.S. District Court Judge Edmond E. Chang in January, on grounds that an “injury in-fact” is necessary to establish harm, while faces are “public information.” Biometric Update noted at the time that the issue of standing had been interpreted differently in previous court decisions.

Rivera and Weiss have appealed that ruling to the 7th Circuit Court of Appeals, is addition to filing with state court.

Between the precedence-setting State Supreme Court ruling, and claims from an insurance company that it is not liable to cover BIPA damages, businesses operating in Illinois would be well advised to make sure they have met the law’s statutory requirements.

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