Former White Castle employee's biometric information privacy case heard by Illinois Supreme Court

[May 18, 2022] By Andrew Hensel | The Center Square

(The Center Square) – The Illinois Supreme Court is weighing a case that a former White Castle manager filed against the restaurant chain over an alleged violation of the Illinois Biometric Information Privacy Act, or BIPA.

On Tuesday, plaintiff Latrina Cothron's attorney James Zouras argued before the court that the restaurant chain implemented a finger scanning system for payroll without employees' consent.

The Illinois Biometric Information Privacy Act requires entities, including employers, that collect biometric data to follow several protocols, including maintaining a written policy about the collection and storage of biometric data, providing owners of biometric information with written notice of such practices.

Zouras said this was not done in his client's case.

"We have shown in this case that White Castle did not first inform or receive consent from Ms. Cathron before collecting her biometrics," Zouras said.

The plaintiff is asking for damages to be paid for every violation of privacy. Zouras said this means every finger scan without consent.

White Castle attorney Melissa Siebert said previous court rulings dispute Zouras' claims. Siebert said that once the information is given, there's not further violation.

"The information is no longer private, the secret is out, the privacy is gone and the control is lost," Siebert said. "A single injury and thus a single claim accrual is the only answer consistent with this court's decisions."

The Illinois Supreme Court Building in downtown Springfield, Illinois. (Alan Scott Walker | Wikimedia via Creative Commons)

In February, the courts heard a similar case involving a healthcare worker and finger scan payroll machines. The plaintiff in that case also argued that each scan violated her privacy, however, the court ruled against the plaintiff in that case.

In this case, Cothron's data was never involved in any breach. Supreme Court Justice Michael Burke asked Zouras why they're seeking damages that could end up totaling in the millions of dollars when no damage was done.

Zouras said he is not looking for millions of dollars to be paid.

"We agree that astronomical damages are not proper under the statute and not what was intended by the General Assembly," Zouras said. "To be blunt, the plaintiff has never requested damages be calculated in that manner."

Both sides presented their arguments before the court on Tuesday. The court took the case under advisement.

Illinois' BIPA law has led to multiple successful challenges against various companies' practices, including Facebook, which is sending out checks to affected residents this week.

Andrew Hensel has years of experience as a reporter and pre-game host for the Joliet Slammers, and as a producer for the Windy City Bulls. A graduate of Iowa Wesleyan University and Illinois Media School, Andrew lives in the south suburbs of Chicago.