Seventh Circuit ruled May 5 2020 that article III standing exists in federal court for 15(b) violations
Section 15(b) of Illinois’s Biometric Information Privacy Act (BIPA), 740 ILCS 14 (2008), regulates the collection, use, and retention of a person’s biometric identifiers or information. It requires collectors of this material to obtain the written informed consent of any person whose data is acquired. This regime is designed to protect consumers against the threat of irreparable privacy harms, identity theft, 2 No. 20-1443 and other economic injuries arising from the increasing use of biometric identifiers and information by private entities. As a matter of state law, anyone “aggrieved” by a violation of the disclosure and informed consent obligations is entitled to bring a private action against the alleged offender. The court concluded that a failure to follow section 15(b) of the law leads to an invasion of personal rights that is both concrete and particularized. See Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016) and reversed the district court’s order remanding this case to state court and remand for further proceedings.