Court decision · 25 January 2019
Rosenbach v. Six Flags Entertainment Corp.
2019 IL 123186 · Supreme Court of Illinois
United StatesBiometrics
What it means for your code
Collecting any biometric identifier of Illinois residents without written notice and release creates statutory-damages exposure even with no breach.
What happened
A theme park collected a teenager's fingerprint for a season pass without the written notice and release BIPA requires.
What was decided
A person is 'aggrieved' under BIPA and may sue for statutory damages based on a violation of the statute's notice and consent requirements alone, without alleging actual injury.
The legal test applied
- A violation of BIPA's notice and written-release requirements alone makes a person 'aggrieved' and entitled to sue
What would have changed the outcome
- Written release and retention policy in place before any collection
Read the decision at the source
Summary and analysis by Lawpatch, checked by an editor against the source. Risk analysis, not legal advice; the law may have moved on since this decision.