The Supreme Court of Illinois Thursday ruled that individuals have a five-year period to launch a claim under the Biometric Information Privacy Act. This ruling reverses an appellate court decision that allowed for only a one-year period on claims relating to unlawful handling of people’s data under the act.

Jorome Tims, the plaintiff, filed the class-action lawsuit against his former employer Black Horse Inc. Tims alleged that Black Horse Inc. violated the Biometric Information Privacy Act when they used his fingerprint scans to clock him in and out of his place of employment. The complaint was subsequently amended to include Isaac Watson, another former employee of Black Horse Inc., as an additional plaintiff and class representative. Black Horse Inc. responded with a motion to dismiss on the basis that the claims were untimely. Black Horse Inc. said the lawsuit raised a question of law which was barred under the statute of limitations contained in the Biometric Information Privacy Act.

Initially, the Cook County court denied the motion to dismiss, but an appellate court then reversed the decision. The appellate court  said that claims, like the ones brought by Tims, should be subject to the one-year statute of limitations period. The appellate court’s decision meant that Tim’s claim was filed too late.

On Thursday, the Supreme Court of Illinois considered the appellate court’s decision. The court noted, “[A] shorter limitations period would prejudice those whom the Act is intended to protect.” As a result of the court’s ruling, a five-year statute of limitations period now applies. The court said they chose to do this so that the act now “comport[s] with the public welfare and safety aims of the General Assembly by allowing an aggrieved party sufficient time to discover the violation and take action.”

As a result of the court’s ruling, Tims’ class action against Black Horse Inc. is allowed to proceed.