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Illinois appellate court clarifies accrual date of BIPA claims

The Illinois appellate court recently confirmed that a claim under the Illinois Biometric Information Privacy Act (BIPA) accrues each time an individual’s biometric information is scanned or captured.

The case is Watson v. Legacy Healthcare Financial Services, LLC, et al., 2021 IL App (1st) 210279. Watson claimed to have worked as a certified nursing assistant for Legacy Healthcare Financial Services (Legacy), Lincoln Park Skilled Nursing Facility (Lincoln Park), and South Loop Skilled Nursing Facility (South Loop). According to Watson, Legacy owns residential health care services facilities, including Lincoln Park and South Loop, and he worked at Lincoln Park from December 2012 through February 2019 and at South Loop from May 2017 through November 2017. Watson alleged that Defendants committed four separate BIPA violations by requiring him to scan his finger and/or hand at Lincoln Park and South Loop for timekeeping purposes from 2012 through the end of his employment. Read more…