Illinois became the first state to regulate the collection and use of biometric information by private entities when it enacted the Biometric Information Privacy Act in 2008. In the years since, more and more businesses have begun to collect biometric information from their employees and customers. As lawmakers in other states and in Congress look to enact legislation to protect biometric privacy rights, their drafting choices may be informed by three recent Seventh Circuit decisions analyzing when a plaintiff alleging a violation of the Biometric Information Privacy Act has, or has not, established Article III standing as required to proceed in federal court. This Note examines those three closely related decisions: Bryant v. Compass Group USA, Inc., and Fox v. Dakkota Integrated Systems, LLC, both decided in 2020, and Thornley v. Clearview AI, Inc., decided in early 2021.
College of Law
Northern Illinois University Law Review
"Real Harm in a Virtual World: Establishing Federal Standing in the Seventh Circuit Under Illinois’s Biometric Information Privacy Act,"
Northern Illinois University Law Review: Vol. 42:
2, Article 6.
Julia Lobo, Comment, Real Harm in a Virtual World: Establishing Federal Standing in the Seventh Circuit Under Illinois’s Biometric Information Privacy Act, 42 N. Ill. U. L. Rev. 288 (2022).