Alan S. Wernick Shares Insights on Statute of Limitations for BIPA Violations and Accrual of Claims Under BIPA
03.16.23
Alan S. Wernick recently covered separate Illinois Supreme Court rulings concerning Biometric Information Privacy Act (“BIPA”) violations statute of limitations as well as the accrual process of BIPA claims in the American Bar Association’s Month-In-Brief: Internet Law & Cyber-Security.
In the first article titled “Illinois Supreme Court Holds 5-Year Statute of Limitations for Violations Applies to BIPA,” Alan explains the court’s decision to uphold the longer limitation period of five years for all claims rather than applying two different statutes of limitations. He notes the court’s desire to continue ensuring the consistency in the administration of limitation periods that apply to causes of actions under BIPA.
Alan also advises businesses subject to BIPA not to wait to test the limits of the Act on their use of biometric information or its statute of limitations.
Read the full article here.
The second article is titled “Illinois Supreme Court Holds that Under BIPA Every Scan Counts.” Alan highlights how the court concentrated on the language of the Act and requires that before a private entity collects biometric identifiers or information, the individual must give informed consent. He discusses how the court ruled BIPA claims accrue under the Act with every scan of transmission of biometric identifiers or information without prior consent, rather than only upon the first scan or transmission.
Read the full article here.
The bottom line in both articles, Alan shares, is that businesses should seek experienced counsel to help with proactive compliance with privacy and cybersecurity laws, including BIPA.
Alan is a business transactions attorney and advocate, with a background in accounting and technology, who focuses on matters of information technology, privacy/cybersecurity and intellectual property law. His in-depth experience as a seasoned legal counselor and advocate, arbitrator and mediator and as a bridge builder among business, technology and intellectual property communities is well respected by individuals across professional industries.
