What it means to “collect” or “possess” biometric data has developed into one of the fiercest battlegrounds between plaintiffs and defendants in bet-the-company Illinois Biometric Information Privacy Act (BIPA) class action litigation. The issue is a significant one in BIPA litigation—and oftentimes determinative in terms of whether a private entity can be held liable for violations of Illinois’ stringent biometric privacy statute. David Oberly examined one of the first BIPA opinions to date to rule on the issue of biometric data collection in the context of summary judgment in this Law360 piece, Biometric Data Collection Takeaways From BNSF Ruling (Law360).