A biometric information privacy case that was filed against Smarte Carte, a self-serve vended luggage carts firm, has been dismissed by a Federal court in Illinois.A plaintiff had alleged that Smarte Carte violated Illinois' Biometric Information Privacy Act by using fingerprint readers on lockers at Chicago's Union Station.She alleged Smarte Carte failed to obtain her consent to collect, store and use her fingerprint, and did not provide information regarding the storage of her fingerprint. She sued for unspecified damages under the BIPA.However, an dismissing the case against Smarte Carte, the court noted that in order to have standing to file a lawsuit in federal court, Article III of the U.S. Constitution requires a plaintiff to have an actual conflict that needs to be resolved.The court pointed out that the U.S. Supreme Court in Spokeo emphasized the necessity of a “concrete and particularized injury” to satisfy Article III's “case or controversy” requirement and held that allegations of a mere violation of a statute do not qualify.The Illinois federal district court asked, “How can there be an injury from the lack of advanced consent to retain the fingerprint data beyond the rental period if there is no allegation that the information was disclosed or at risk of disclosure?” Moreover, according to the court, the plaintiff did not demonstrate how she was “aggrieved” by Smarte Carte's alleged BIPA violation so as to give her the right to recover damages under the statute.
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