Applies to: All Employers with IL Employees
Effective: September 17, 2021
In Tim v. Black Horse Motor Carriers, Inc., the Illinois First District Appellate Court stated that different statutes of limitation apply to different provisions of the statewide Biometric Information Privacy Act (BIPA).
Previously, the statewide catch-all five-year statute of limitations was applied to all provisions of BIPA. With Tim, the court stated that the five-year deadline applies to sections 15(a), 15(b), and 15(e) of BIPA. These sections require private employers to obtain consent before collection of biometric data and to develop a written policy and data retention schedule.
On the other hand, the court indicated that there is only a one-year statute of limitations for privacy claims involving publication under sections 15(c) and 15(d), which prohibit businesses in possession of biometric data from selling, trading, or disclosing such data to third parties without obtaining the individual’s prior consent.
Action Items
- Review BIPA compliance with legal counsel.
- Subscribers can call our HR Hotline at (833) 268-5531 for further assistance.
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