Thomas v. Cornerstone Services, Inc.

Summary

The Illinois Appellate Court, Third District, interpreted the Biometric Information Privacy Act's government contractor exemption under 740 ILCS 14/25(e). The court held that a contractor need not work exclusively for a state agency or local governmental unit to qualify for the exemption, but the alleged violation must occur while the contractor is acting within the scope of its governmental contractual relationship. The court answered the certified questions and remanded the cause.

Holdings

1. A contractor need not have an exclusive contractual relationship with a state agency or local unit of government for the section 25(e) exemption to apply.
2. The phrase "when working for" is unambiguous and is not merely temporal. The exemption applies only when the contractor is acting within the scope of its governmental contractual relationship; it does not exempt violations occurring while the contractor pursues private undertakings outside that relationship.

Questions Presented

1. Whether BIPA's section 25(e) government-contractor exemption applies only to contractors that work exclusively for state agencies or local units of government.
2. Whether the phrase "when working for that State agency or local unit of government" in section 25(e) is merely temporal or instead limits the exemption to conduct occurring within the scope of the contractor's governmental contractual work.

Disposition

remanded