Rosenbach v. Six Flags Entertainment Corp.

The Biometric Information Privacy Act, 740 ILCS 14/1, imposes restrictions on how private entities collect, retain, disclose and destroy biometric identifiers, including retina or iris scans, fingerprints, voiceprints, scans of hand or face geometry, or biometric information. Under the Act, any person “aggrieved” by a violation of its provisions “shall have a right of action … against an offending party” and “may recover for each violation” the greater of liquidated damages or actual damages, reasonable attorney fees and costs, and any other relief, including an injunction, that the court deems appropriate. Six Flags Great America amusement park sells repeat-entry passes that use a fingerprinting process. The plaintiff alleged that she bought a season pass for her minor son, who was fingerprinted while on a school field trip, and that she had not been previously informed of, nor consented to, the process. She alleges that, although her son has not returned to the Park, Six Flags retains the biometric information. Reversing the appellate court, the Illinois Supreme Court held that one qualifies as an “aggrieved” person and may seek liquidated damages and injunctive relief pursuant to the Act even if he has not alleged some actual injury or adverse effect, beyond a violation of his rights under the statute. View "Rosenbach v. Six Flags Entertainment Corp." on Justia Law