Monthly Archives: February 2023

Illinois Supreme Court Rules BIPA Violations Occur With Each Scan, Swipe, or Transmission

On February 17th, 2023, the Illinois Supreme Court issued the opinion in Cothron v White Castle Systems, ruling that the Illinois Biometric Information Privacy Act (BIPA) defines violations as each time a private entity scans or transmits data that violates BIPA. With the clarity from the Illinois Supreme Court that BIPA violations occur each time biometric information is collected without consent or approval, the BIPA damages of $1000 ($5000 if “willful”) occur with each act.