On September 15, an Illinois federal court denied the motion to dismiss a putative class action against an online photo company under the Illinois Biometric Information Privacy Law Act ("BIPA"). BIPA prohibits private entities from collecting or obtaining an individual's "biometric identifier or biometric information" without first informing the individual in writing about the information that is being stored, the "specific purpose and length of time" of its use, and further obtaining the individual's express written release. The court rejected the company's claim that BIPA applies only to facial scans or prints derived from in-person scans.
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