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Biometric cost to the vending machine company can continue



A federal district court ruled that a suspected class action lawsuit alleging violation of the Illinois Biometric Information Privacy Act could continue, rejecting the defendant's argument that the law violates the state constitution.

In May the 7th U.S. Circuit Court of Appeals in Chicago ruled in the case, Christine Bryant et al. v. Compass Group USA, Inc. that the invasion of personal rights alleged in the lawsuit was an injury that was "both concrete and specified" and therefore could be heard in federal court.

The lawsuit concerns a smart Market vending machine owned and operated by Charlotte, North Carolina-based Compass Group USA Inc. that does not accept cash, which requires users to create an account using their fingerprints instead.

At the request of the U.S. District Court in Chicago, Compass' argument included that BIPA constitutes "special legislation" that violates the Illinois Constitution because it excludes financial institutions, government agencies, and government entrepreneurs from its coverage.

"The General Assembly's decision to exclude authorities and financial institutions was rationally related to BIPA's legitimate government interest in protecting Illinois residents' privacy," Sunday's ruling said.

"These two categories of privacy protection institutions had already been introduced so that the imposition of additional obligations on them would have been minimally effective. Consequently, BIPA is not unconstitutionally specific legislation."

The Court did not agree with Compass that according to BIPA should have a statute of limitations of one year, which would have meant that Mrs. Bryant's case was delayed.

"BIPA itself does not contain a limitation period", the judgment is mentioned.

The trial also accused Compass of violating BIPA by possessing Bryant's biometric information and failed to destroy it when the purpose of The collection was complete.

The court said that because Bryant's complaint was silent about whether Compass had any guidelines for detention g and destruction, it fails to enter a claim and declined the charge.

Lawyers in the case did not respond to a request for comment.

In November, a federal court judge in Illinois refused to dismiss a class action lawsuit against Apple Inc. under BIPA in connection with its photo app's alleged use of biometric information.

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