The Illinois Supreme Court has ruled against Six Flags in a suit over its collection of fingerprints data from visitors.
The Biometric Information Privacy Act imposes strict rules on how companies can collect sensitive information, including fingerprints, and requires companies to obtain written consent before obtaining the data.
Stacy Rosenbach claimed that the theme park fingerprinted her 14-year-old son when he picked up a season pass to the park on a group trip.
The mother brought the suit against the company as she did not give permission for them to collect and store her son’s fingerprints.
However, Six Flags argued that they are not liable since no harm has been done. The Illinois Supreme Court were not convinced by this argument, ruling that: “a person need not have sustained actual damage beyond violation of his or her rights under the Act.”
This is one of the first cases surrounding privacy of biometric information, and very few states even have laws protecting this data, as Gizmodo points out. Facebook has also been in the firing line over its automated photo-tagging tool.