Mosby v. The Ingalls Memorial Hospital

Illinois Supreme Court
Civil Court
Biometric Information Privacy Act
Citation
Case Number: 
2023 IL 129081
Decision Date: 
Thursday, November 30, 2023
Holding: 
Certified questions answered, judgments reversed, cause remanded.
Justice: 
OVERSTREET

In an interlocutory appeal, the Illinois Supreme Court was asked to consider whether finger-scan information collected by a health care provider from its employees fell under an exception in the Biometric Information Privacy Act for information collected, used, or stored for health care treatment, payment, or operations. The supreme court answered the question in the affirmative, concluding that the plain language of the Act excluded from its protections the biometric information of health care workers where that information was collected, used, or stored for health care treatment, payment, or operations because the healthcare worker’s biometric information used to permit access to medication dispensing stations for patient care fell under the language of section 10 of the Act. (THEIS, NEVILLE, HOLDER WHITE, CUNNINGHAM, ROCHFORD, and O’BRIEN, concurring)