Jody Kahn Mason, Joseph J. Lazzarotti, Jason C. Gavejian, and Maya Atrakchi of JacksonLewis write:
On September 17, 2021, a three-judge panel of the Illinois Appellate Court for the First Judicial District issued a long-awaited decision regarding the statute of limitations for claims under the state’s Biometric Information Privacy Act (“BIPA”) in Tims v. Black Horse Carriers, Inc. The Tims decision marks the first appellate guidance regarding this issue. Although the BIPA is silent as to the applicable statute of limitations, the panel concluded that claims brought under section 15(a), (b), and (e) of the statute, which are the claims requiring companies to have a publicly available policy, obtain informed consent, and reasonably safeguard biometric data, are subject to a five-year limitations period. BIPA claims brought under sections 15(c) and (d) of the statute, which are the claims which prohibit profiting from the use of biometric data or disclosure of biometric data are subject to a one-year statute of limitations.
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