Fox v. Dakkota Integrated Systems, LLC

Federal 7th Circuit Court
Civil Court
Standing
Citation
Case Number: 
No. 20-2782
Decision Date: 
November 17, 2020
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed and remanded

Dist. Ct. erred in remanding to state court plaintiff’s claim under section 15(a) of Illinois Biometric Information Privacy Act, where Dist. Ct. found that plaintiff lacked Article III standing to pursue said claim. Plaintiff asserted that defendant failed to comply with section 15(a), which requires private entities in possession of biometric data to develop, publicly disclose and implement retention schedule and guidelines for destroying data when initial purpose for collecting said data had ended. Moreover, plaintiff’s section 15(a) claim sufficiently alleged legally protected privacy right so as to support Article III standing, where: (1) plaintiff did not allege mere procedural failure to publicly disclose data-retention policy, but rather asserted concrete and particularized invasion of her privacy interest in her biometric data, where defendant allegedly retained her biometric data after her employment had ended. As such, plaintiff could pursue her claim in federal court. Ct. further noted, though, that instant case raised issue as to whether plaintiff’s section 15(a) claim was preempted by Labor Management Relations Act as suggested in Miller, 926 F.3d 898.