United States: Court Finally Clarifies When Biometric Lawsuits Are Untimely Under BIPA

In a highly anticipated decision, the Illinois Appellate Court finally clarified the correct application of the statute of limitations under the state's Biometric Information Privacy Act (BIPA). In Tims v. Black Horse Carriers Inc., Ill. App. Ct., 1st Dist., No. 1-20-563 (9/17/21), the court ruled that a five-year limitations period applies to some claims, and a one-year deadline applies to other claims.

Specifically, the five-year period applies to all BIPA claims that assert (1) unlawful collection of biometric data without written notice, or (2) issues relating to storing or transmitting it, or (3) claims involving the company's failure to develop a publicly available retention and destruction schedule. Meanwhile, the one-year statute of limitations period applies to BIPA claims that allege (1) improper disclosure or (2) improper sale, lease, trade, or profit from biometric data. 

This long-awaited decision provides much-needed clarity for businesses and entities involved in the collection or processing of biometric data that impacts Illinois residents. This clarification by the Illinois Appellate Court  provides more certainty with respect to when potential claims can be deemed untimely.