Blogs

INDUSTRY NEWS

Statute of Limitations for BIPA Claims Addressed by Illinois Appellate Court

The court concluded that the proper statute of limitations period for claims under the Illinois Biometric Information Privacy Act (BIPA) depends on the section of the Act referenced in the claim.

In September 2019, the trial court in Tims v. Black Horse Carriers, Inc. considered the applicable statute of limitations period for BIPA claims. Since BIPA was not expressly aligned with a specific statute of limitations period, the plaintiff contended that the state's five-year catchall limitation period applied. The defendant countered that Illinois' one-year "invasion of privacy" limitation period applied.

The trial court initially agreed with the plaintiff. On appeal, the court decided that varying statutes of limitations are in effect for claims brought against specific sections of the Act, as described below:

SECTIONDESCRIPTIONSTATUTE OF LIMITATIONS
15(a) Governs retention schedules and destruction guidelines for biometric data Five (5) years
15(b) Prohibits the collecting or obtaining of biometric data without written notice and release Five (5) years
15(c) Restricts private parties from selling, leasing, trading, or profiting from biometric data One (1) year
15(d) Prohibits the disclosure and dissemination of biometric data absent specific prerequisites One (1) year
15(e) Requires parties to take reasonable care in storing, transmitting, and protecting biometric data Five (5) years

The three-judge panel held that Illinois' five-year statute of limitations applies to sections 15(a), (b), and (e) of BIPA because those sections "have absolutely no element of publication or dissemination." However, the panel alternatively contended that Illinois' one-year statute of limitations applies to claims brought under sections 15(c) and 15(d) since these qualify as "publication of matter violating the right of privacy." A one-year statute of limitations could not apply to sections (a), (b) and (e) because a plaintiff could bring an action under those sections without having to allege or prove that the defendant published or disclosed any biometric data to any person or entity beyond itself.

Employers are encouraged to review the provisions under the Illinois Biometric Information Privacy Act as we all as internal protocols regarding the handling and management of biometric information to ensure compliance.

Posted: September 28, 2021


All Rights Reserved © 2021 Truescreen, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

Sending...
Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
Something went wrong.Try again
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Something went wrong.Try again

Get In Touch

Send a Message *fields required

What are your Interests?optional

Even our RFP PROCESS is state-of-the-art.

Find out why
RFP Kit

What Our Clients Are Saying

The service you provide at Truescreen has been the best I have ever seen in comparison to other vendors I have worked with in the past! You guys rock!

Talent Acquisition Specialist
Retail Store Chain

I am very impressed with your company’s customer service, and the Truescreen portal seems to be an intuitive, user-friendly design.

Learning Coordinator
Public College

Our team loves working with Truescreen and the expedient, thorough service and results we get from you.

Human Resources Executive
Large Hotel Chain

I appreciate all your hard work ensuring that individuals are cleared through our processes. Truescreen makes my job so much easier and less stressful.

Human Resources Analyst
Large Academic Institution
Sending...
Thank you for your interest in Truescreen. We have received your message and will contact you within one business day.
Our apologies, there was an error processing your request.  Please resubmit your message or contact us at 888-276-8518.
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Our apologies, there was an error processing your request.  Please resubmit your message or contact us at 888-276-8518.

Get In Touch

Contact Us *fields required

What are your Interests?optional

You are leaving Truescreen.com

Ok, Continue Cancel

×
×