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State constitution does not protect against Illinois biometric privacy lawsuit

State constitution does not protect against Illinois biometric privacy lawsuit

A Cook County Circuit Judge has rejected a motion to dismiss a Biometric Information Data Privacy (BIPA) suit against Walmart which argued that a lawsuit cannot have standing without establishing harm under the Illinois state constitution, as reported by the Cook County Record.

A decision by the Illinois Supreme Court earlier this year presents a very high barrier to that argument, according to Judge Pamela McLean Meyerson, having established that violations of procedural protections under BIPA is sufficient to establish standing.

The plaintiff alleges that Walmart failed to meet the informed consent requirements of BIPA when it required him and other people handling cash drawers to scan their handprints when taking and returning them.

In a separate BIPA case, grocery chain Jewel-Osco has argued the biometric rules are unconstitutional because they set different standards for government and private employers.

A new potential class action suit has been filed against Standard Market over the time and attendance practices of two now-closed locations, Patch reports.

The subject of biometric data storage, which the company did not provide details of to employees, according to the suit, could take on extra importance, given that the Naperville and Westmount locations named in the suit have been shuttered.

Saddle Creek Corporation, a logistics company operating in Illinois, has filed a notice of removal to shift a suit against it for an alleged violation of the informed consent rules for its biometric time and attendance system to federal court, according to the Madison – St. Clair Record.

The defendant argues that because it is headquartered in Florida, and the amount in damages could exceed $5 million based on an estimation of 334 potential class members, the case should be heard in federal court.

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