Ruling Casts Doubt On Ill. Biometric Class Action Defense

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By David Oberly (May 11, 2022, 5:36 PM EDT) — Although the Illinois Biometric Information Privacy Act is known predominantly for its expansive liability exposure, the statute also contains a number of exclusions regarding what qualifies as covered biometric data that narrow the scope of the law.

On April 25, the U.S. District Court for the Northern District of Illinois issued its opinion in Sosa v. Onfido Inc.,[1] rejecting the argument that BIPA exempts biometric data extracted from photographs, and ruling that faceprints derived through photographic means constitute biometric identifiers regulated by the statute.

The Onfido opinion is significant, as it likely shuts the door on a defense that has been…

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