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Stacy Rosenbach v. Six Flags Entertainment Corporation

129 N.E. 3d 1197 (Ill. 2019)

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Stacy Rosenbach v. Six Flags Entertainment Corporation

Illinois Supreme Court
129 N.E. 3d 1197 (Ill. 2019)

SC

Facts

An Illinois law, the Biometric Information Privacy Act (act), placed restrictions on how businesses could collect, retain, and disclose individuals’ biometric information, including fingerprints, retina scans, and face recognition. The act stated that any party aggrieved by the act had a private right of action against the offending entity. Six Flags Entertainment Corporation (Six Flags) (defendant) sold re-entry passes to park patrons and used their fingerprints as part of the re-entry process. In order to issue a season pass to Alexander Rosenbach, the minor son of Stacy Rosenbach (plaintiff), Six Flags took Alexander’s fingerprints when he was at the park for a school field trip. Six Flags did not inform Rosenbach that it was going to take Alexander’s fingerprints and did not disclose its practices with respect to any fingerprints so taken. Also, Six Flags did not have a written policy on how it maintained patrons’ fingerprints. Rosenbach sued Six Flags, asserting a violation of the act. Six Flags argued that under the act, a plaintiff must prove some damages beyond a mere violation of the law. An interlocutory appeal was filed to the appellate court, and the appellate court agreed with Six Flags. Rosenbach appealed.

Rule of Law

Issue

Holding and Reasoning (Karmeier, C.J.)

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