Rosenbach v. Six Flags Entertainment Corp.

Illinois Supreme Court
Civil Court
Biometric Information Privacy Act
Case Number: 
2019 IL 123186
Decision Date: 
Friday, January 25, 2019
2d Dist.
Lake Co.
Certified questions answered; appellate court reversed; remanded.

Minor, a 14-year-old on a school field trip, had his thumbprint scanned into amusement park's biometric data capture system to obtain a season pass to the park, without prior notification to or prior consent of the minor or his parent. Park has retained minor's biometric identifiers and information, but have not publicly disclosed what was done with it or how long it will be retained, and no written policy is available to the public. A person need not allege actual injury or adverse effect, beyond violation of his or her rights under the Biometric Information Privacy Act, to qualify as an "aggrieved" person and be entitled to seek liquidated damages and injunctive relief pursuant to the Act. (THOMAS, KILBRIDE, GARMAN, BURKE, THEIS, and NEVILLE, concurring.)