Court of Appeal tackles ‘3D chess’ in BIPA, insurance dispute

Federal appeals judges on Monday grappled with how to apply a complex web of legal opinions in a dispute over whether a sauce supplier should be indemnified from alleged violations of a landmark Illinois privacy law.

The swirling case law and exemption language of the Illinois Biometric Information Privacy Act leave judges playing a “three-dimensional chess game,” Judge Michael B. Brennan said.

Mullins Food Products Inc. was sued under BIPA for allegedly using biometric scans to monitor employee time and then sharing that data with a third party. It seeks damages from the Citizen Insurance Company for…