- You should be able tofind a posted policy explaining retention and destruction of any biometric data.
- You must beasked for written consent before any scan of facial geometry is collected.
- If scans were taken without those steps, BIPA lets individualsseek statutory damages in court.
This lawsuit claims none of those requirements were met. Home Depot, for its part, will likely contend that the technology didn’t capture biometric identifiers at all—or that appropriate disclosures existed. Those competing narratives are exactly what Illinois courts scrutinize under BIPA.
For now, millions of Illinois shoppers may want to think twice before assuming that self-checkout selfie is just between them and their phone.
