The Illinois Supreme Court ruling in (2021 IL 125978) stands as a landmark decision for privacy law and insurance coverage. It clarified when insurers must defend businesses facing class-action lawsuits under the Biometric Information Privacy Act (BIPA) . ⚖️ The Core Conflict: Biometrics and Insurance
: The court ruled that sharing biometric data with even a single third-party vendor —in this case, the salon's fingerprint system provider—constituted a "publication". 125978
: The court found that BIPA violations fall under the policy’s "personal injury" provision, which covers injuries arising from the "publication" of material that violates a person's right of privacy . The Illinois Supreme Court ruling in (2021 IL
The case began when a customer filed a class-action lawsuit against a tanning salon, , alleging the salon collected fingerprints without providing the proper written disclosures required by BIPA. : The court found that BIPA violations fall
Did policy exclusions for "statutory violations" apply to BIPA? 🛡️ Key Rulings from the Court