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Mora v. J&M Plating, Inc.

Mora v. J&M Plating, Inc.

Appellate Court of Illinois, Second District

November 30, 2022, Opinion Filed

No. 2-21-0692

Opinion

JUSTICE JORGENSEN delivered the judgment of the court, with opinion.

Presiding Justice Brennan and Justice Schostok concurred in the judgment and opinion.

OPINION

 [*P1]  Plaintiff, Trinidad Mora, sued defendant, J&M Plating, Inc., asserting that defendant violated the Biometric Information Privacy Act (Biometric Act) (740 ILCS 14/1 et seq. (West 2020)) by failing to establish a retention-and-destruction schedule for the possession of biometric identifiers and biometric information (collectively, biometric data) until four years after it first possessed plaintiff's biometric data. 740 ILCS 14/15(a) (West 2020). The trial court granted defendant's motion for summary judgment (735 ILCS 5/2-1005(c) (West 2020)), [**2]  finding that section 15(a) of the Biometric Act established no time limits by which a private entity must establish a retention-and-destruction schedule for biometric data. Plaintiff appeals. We reverse and remand.

 [*P2]  I. BACKGROUND

 [*P3]  A. The Biometric Act

 [*P4]  ] The Biometric Act, enacted in 2008,1 regulates " 'the collection, use, safeguarding, handling, storage, retention, and destruction of biometric identifiers and information.' " Rosenbach v. Six Flags Entm't Corp., 2019 IL 123186, ¶ 19, 432 Ill. Dec. 654, 129 N.E.3d 1197 (quoting 740 ILCS 14/5(g) (West 2016)). The Biometric Act defines a "biometric identifier" as a "retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry." 740 ILCS 14/10 (West 2020). "Biometric information" means "any information, regardless of how it is captured, converted, stored, or shared, based on an individual's biometric identifier used to identify an individual." Id. The legislature, through the Biometric Act, "codified that individuals possess a right to privacy in and control over their biometric identifiers and biometric information." Rosenbach, 2019 IL 123186, ¶ 33.

 [*P5]  ] Under the Biometric Act:

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2022 IL App (2d) 210692 *; 2022 Ill. App. LEXIS 507 **

TRINIDAD MORA, Individually and On Behalf of All Individuals Similarly Situated, Plaintiff-Appellant, v. J&M PLATING, INC., Defendant-Appellee.

Prior History:  [**1] Appeal from the Circuit Court of Winnebago County. No. 21-CH-22. Honorable Donna R. Honzel, Judge, Presiding.

Disposition: Reversed and remanded.

CORE TERMS

biometric, collected, private entity, retention-and-destruction, identifiers, entity, destroyed, stored, Biometric Act, retention, summary judgment, trial court, possessed, purposes, destruction, customer's, argues, provisions, termination, compliance, statutory language, four year, fingerprint, guidelines, asserts, damages, notice, occurs, written policy, actual damage

Business & Corporate Compliance, Computer & Internet Law, Privacy & Security, State Regulation, Administrative Law, Enforcement, Remedies, Damages, Governments, Legislation, Statutory Remedies & Rights, Civil Procedure, Costs, Costs Recoverable, Witnesses, Appeals, Appellate Briefs, Courts, Rule Application & Interpretation, Record on Appeal, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Judgments, Entitlement as Matter of Law, Legal Entitlement, Genuine Disputes, Supporting Materials, Discovery Materials, Burdens of Proof, Standards of Review, De Novo Review, Interpretation, Appellate Review, Standards of Review, Questions of Fact & Law, Antitrust & Trade Law, Clayton Act, Governmental Information, Recordkeeping & Reporting

Business & Corporate Compliance, Computer & Internet Law, Privacy & Security, State Regulation, Administrative Law, Enforcement, Remedies, Damages, Governments, Legislation, Statutory Remedies & Rights, Civil Procedure, Costs, Costs Recoverable, Witnesses, Appeals, Appellate Briefs, Courts, Rule Application & Interpretation, Record on Appeal, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Judgments, Entitlement as Matter of Law, Legal Entitlement, Genuine Disputes, Supporting Materials, Discovery Materials, Burdens of Proof, Standards of Review, De Novo Review, Interpretation, Appellate Review, Standards of Review, Questions of Fact & Law, Antitrust & Trade Law, Clayton Act, Governmental Information, Recordkeeping & Reporting