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Biometric data privacy lawsuit proposes class of fans at Chicago Blackhawks games since 2014

Biometric data privacy lawsuit proposes class of fans at Chicago Blackhawks games since 2014

The Chicago Blackhawks of the National Hockey League broke the state biometric privacy laws of Illinois by scanning fans at the United Center with biometric facial recognition technology at games since October, 2014, according to allegations in a suit among the latest round of BIPA filings, Law360 reports.

A plaintiff filed suit in Cook County Circuit Court alleging that his biometrics were collected in violation of BIPA’s informed consent requirements when he attended a game in 2018. The team did not receive consent for the scan, nor did it make any privacy and data security measures publicly available, according to the suit. According to the suit, the plaintiff’s face biometrics were scanned by the facility’s security cameras.

The proposed class would represent anyone whose biometrics were scanned at the United Center during Blackhawks games from October 2014 to the present. The United Center has a capacity of 23,500 people, and Statista shows the Blackhawks had home attendance of 932,098 people during the 2018-2019 regular season.

The plaintiff’s attorneys Nathaniel A. Frenkel and Steven R. Smith also filed suit against Churchill Downs Inc., which runs the Kentucky Derby, for its use of facial recognition at Arlington International Racetrack in Illinois.

The Cook County Record suggests that the suits most closely resemble a pair of potential class actions under BIPA filed against Home Depot and Lowes, which each used facial recognition as part of their retail shoplifting prevention systems. Court records show, however, that both of these suits were withdrawn by the plaintiffs without explanation or court action.

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