Cybersecurity Law Report Quotes Locke Lord Partner Jim Shreve on BIPA Outlook Following Zellmer v. Meta Ruling

Locke Lord Chicago Partner Jim Shreve was quoted by Cybersecurity Law Report discussing the aftermath of the Ninth Circuit Court of Appeals decision in Zellmer v. Meta Platforms, Inc., ruling that biometric identifiers must actually identify someone. District courts in the Seventh Circuit, however, have not agreed, setting up a potential circuit split on the issue. In the article, Shreve explains the implications the ruling could have on future Illinois Biometric Information Privacy Act (BIPA) cases.

“As the court notes, the expanse of BIPA’s scope is significant,” Shreve explains. “Companies could be subject to BIPA even if they do not have a direct relationship with a consumer. By noting the requirements for standing, the Ninth Circuit reaffirms that the law has some limits to its scope.”

“Ultimately the legislative changes to BIPA relating to damages will have a much greater impact on litigation” than the Zellmer decision, Shreve says. “The Illinois Legislature revised the statute to make the collection of a single biometric relating to a person multiple times by an entity a single BIPA claim,” he adds. Shreve goes on to explain that this action “significantly lowers potential liability, which can still be large, but not as astronomical.”

As a result, “defendants in biometrics privacy cases may be more willing to litigate rather than accepting large settlements,” he notes.

Read the full Cybersecurity Law Report article (subscription may be required).