Caffarelli & Martin Ltd. secured a significant victory for workers’ biometric privacy rights this week when a Cook County court denied Total Airport Services, LLC’s motion to dismiss a class action brought under the Illinois Biometric Information Privacy Act (BIPA). The ruling allows the case to move forward on behalf of employees whose fingerprints were allegedly collected without the disclosures and consent required by Illinois law.

The court agreed with Caffarelli & Martin Ltd. that the defendant failed to establish it was exempt from BIPA as a “government contractor.” The court held that a permit allowing a private company to operate at O’Hare International Airport—subject to regulation and fees—does not automatically convert that company into one performing services for the City of Chicago. Regulatory oversight, the court explained, is not the same as acting on behalf of the government, and BIPA’s narrow exemption did not apply.

This decision underscores that companies cannot evade Illinois’ biometric privacy law by relying on permits or creative characterizations of their relationship with government entities. Caffarelli & Martin Ltd. is proud to have secured this important ruling and will continue to pursue accountability for unlawful biometric data practices as the case proceeds on behalf of the class.

By Alexis D. Martin, Caffarelli & Martin Ltd.