Privacy Law Has 5-Year Statute of Limitations, Ill. Supreme Court Rules
The Illinois Supreme Court ruled in a Feb. 2 decision that all claims under Section 15 of the state’s Biometric Information Privacy Act (BIPA) have a “catchall” five-year statute of limitations, said an Ogletree Deakins analysis Monday. The decision partially…
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overturned an appellate court ruling that said claims under two subsections of the BIPA were governed by a one-year limitations period under Illinois law for defamation and privacy claims, it said. The case is the latest to review the bounds of the statute, as employers “are increasingly using biometric technology to improve efficiency in the workplace,” it said. If the court ruled the one-year limitation applied to claims under Section 15 of the BIPA, “it could have substantially reduced the overall number of potential class members” in pending and future BIPA lawsuits. As a result of the decision, employees and consumers will have five years to file claims for violations of the collection, retention and dissemination of their biometric information.