Mora v. J&M Plating, Inc.

Plaintiff filed a lawsuit alleging that the defendant violated the Biometric Information Privacy Act by failing to establish a retention-and-destruction schedule for possession of biometric identifiers and biometric information until four years after it first possessed plaintiff’s biometric data. The trial court granted defendant’s motion for summary judgment and the plaintiff appealed. The appellate court reversed and remanded, finding that the plain language of section 15(a) of the statute required the defendant to develop a retention and destruction schedule and that the triggering event for the development of that written policy was the entity’s possession of biometric data. (BRENNAN and SCHOSTOK, concurring)