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Biometric information (eg, fingerprints, retina scans, facial geometry scans and the like) is increasingly collected by businesses the world over. It may be collected to facilitate financial transactions or as a security measure, among other uses. Oddly, Illinois is a leader in protecting such information. Every company doing business in that State must take into account the potential liability that can arise from collecting it without the individuals’ consent. Under Illinois law, a company can be liable, in a private action brought by an individual, for statutory damages without proof of loss. Some of the issues are discussed in the attached client note.

Written by:

John B. Quinn