David Morrison, a Principal in the firm's Labor & Employment and Litigation groups, was quoted in "Six Flags Biometric Class Action Can Proceed," published in the Jan. 25, 2019, issue of the Chicago Daily Law Bulletin.
The article discusses the Illinois Supreme Court ruling that the mother of a teenager whose fingerprint was collected at Six Flags Great America had the right to sue the park under Illinois’ biometric privacy law. In the unanimous decision written by Chief Justice Lloyd A. Karmeier, the high court reversed a 2nd District Appellate Court ruling on what qualifies as “aggrieved” under the Biometric Information Privacy Act.
Mr. Morrison explained that this case will have a widespread impact on other companies as many businesses have not yet complied with the technical aspects of the law.
“You’re going to have a large group of employers who are going to have to figure out how to address the fact that they likely have employed technology without realizing they were violating a statute,” Morrison said.
Any company that does activity in Illinois, including Facebook, could face legal exposure.
“You have a lot of national companies that have been sued in Illinois,” Mr. Morrison said. “And you’re also going to find a lot of companies who had been sued and those cases had been dismissed possibly come back up, or a new lawsuit could come up against those companies now that the Supreme Court has defined what the status of the law is.”