BIPA and Article III Standing: Are Notice and Consent More than 'Bare Procedural Rights'?

Abstract

The Illinois Biometric Information Privacy Act (BIPA) is the only state biometric privacy statute with a private right of action. Federal courts have disagreed about whether plaintiffs have standing to sue for seemingly procedural violations of BIPA—in particular, failure to give notice and obtain consent before collecting biometric data. This Note argues that a violation of BIPA’s notice and consent requirement should constitute a concrete injury for the purposes of the Article III standing analysis, as the provision safeguards a well-established privacy interest in controlling information about oneself.