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Appeals Data Collection Biometric Information

Perkins Coie

“Biometric Identifiers Must Identify”: The Ninth Circuit Clarifies the Scope of BIPA

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The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Zellmer v. Meta Platforms, Inc., on June 17, 2024, affirming dismissal of a putative class action filed under the Illinois Biometric Information Privacy...more

Seyfarth Shaw LLP

Privacy In Focus: BIPA’s Current Landscape and the Crucial Role of Statutory Exemptions

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Throughout much of 2023, businesses found themselves in a challenging position as they continued to grapple with defending against Illinois Biometric Information Privacy (BIPA) class action lawsuits. The year began on a...more

Mintz - Privacy & Cybersecurity Viewpoints

The FTC Sets Its Sights on Biometric Information

Does your business collect or use fingerprints?  Do your building access points use retina, finger, or palm scans?  Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more

Laner Muchin, Ltd.

Illinois Supreme Court Rules a Five-Year Statute of Limitations Applies to BIPA Claims

Laner Muchin, Ltd. on

On February 2, 2023, the Illinois Supreme Court issued a long awaited ruling on Jorome Tims et al. v. Black Horse Carriers, Inc., No. 127801, a class action lawsuit alleging violation of the Illinois Biometric Information...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Rules Privacy Act Claims Have Five Year Statute of Limitations

On February 2, 2023, the Supreme Court of the State of Illinois ruled that all claims under Section 15 of the state’s Biometric Information Privacy Act (Privacy Act or BIPA) have a five year statute of limitations. The...more

Kohrman Jackson & Krantz LLP

Biometrics and AI in the Workplace: Boon or Bane?

Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security, and workplace monitoring, all of which can...more

King & Spalding

Seventh Circuit, Illinois Appellate Court Consider When BIPA Claims Accrue

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In a pair of decisions issued in late December, both the Illinois Appellate Court and the Seventh Circuit Court of Appeals considered whether claims brought under the Illinois Biometric Information Privacy Act (“BIPA”) accrue...more

Sheppard Mullin Richter & Hampton LLP

Seventh Circuit Certifies Hotly-Contested BIPA Accrual Issue to Illinois Supreme Court

In a recent decision regarding an employee’s claims for violations of Illinois’ Biometric Information Privacy Act (“BIPA”), the United States Court of Appeals for the Seventh Circuit asked the Illinois Supreme Court to...more

Blank Rome LLP

Illinois Appellate Court Clarifies Applicable Limitations Period in BIPA Class Action Litigation

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On September 17, 2021, the Illinois Appellate Court First District delivered its much-anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563 (1st Dist. Sep. 17, 2021), addressing the applicable...more

McDermott Will & Emery

Illinois Appellate Court Rules on BIPA Statute of Limitations

McDermott Will & Emery on

On September 17, 2021, a panel of the Illinois Appellate Court for the First District issued a significant decision on the question of which statute of limitations apply to claims under the Illinois Biometric Information...more

Sheppard Mullin Richter & Hampton LLP

Illinois Appellate Court Affirms 5-Year Statute of Limitations Period for Certain BIPA Claims

Continuing the trend of recognizing Illinois’ Biometric Information Privacy Act (“BIPA”) as a muscular privacy-protective statute, the Illinois Appellate Court for the First District has ruled that the most common statutory...more

Pillsbury - Policyholder Pulse blog

The Duty to Defend a Privacy Claim Arises from Even Limited Publication of Biometric Identifiers

Do general liability policies provide coverage for limited disclosures of biometric data, such as fingerprints? The Illinois Supreme Court has concluded that they do. In a unanimous decision, the Illinois Supreme Court...more

Reveal

Why the Connection Between Biometric Data and eDiscovery Will Continue to Grow

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Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more

International Lawyers Network

Recent Updates In Personal Data Regulation In Russia

THE SUPREME COURT CONFIRMED THAT RUSSIAN USERS MAY FILE A LAWSUIT AGAINST AN AMERICAN SOCIAL NETWORK TO A RUSSIAN COURT - The Supreme Court of the Russian Federation reviewed a case initiated by a number of Internet users...more

Benesch

BIPA Wave: Three Reasons to Believe It Has Crested

Benesch on

Though the Illinois Biometric Information Privacy Act (“BIPA”) was passed in 2008, it remained fairly under-the-radar until about 2017, when it manifested in a growing wave of class action lawsuits largely centered on whether...more

King & Spalding

Ninth Circuit Affirms Certification Of Biometric Privacy Class Action Against Facebook

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On August 8, the Ninth Circuit issued a highly anticipated decision affirming the district court’s certification of a class of Facebook users who suffered alleged violations of the Illinois Biometric Information Privacy Act...more

Polsinelli

Private Biometric Data: Union Consent to Collection

Polsinelli on

On June 13, 2019, the U.S. Seventh Circuit Court of Appeals in Miller v. Southwest Airlines, Co., Case 18-3476 (June 13, 2019), ruled that claims asserted under the Illinois Biometric Information Privacy Act (“BIPA”), in the...more

Stinson LLP

Employee Biometric Privacy Claims Escape Arbitration

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A recent ruling in the Illinois Appellate Court maintained that biometric data claims under the Illinois Biometric Information Privacy Act (BIPA) do not amount to wage-and-hour claims subject to a luxury hotel owner's...more

McDermott Will & Emery

Illinois Appellate Court Refuses to Carve Out Exception to Rosenbach for BIPA Liability

Illinois Appellate Court upholds wide-reaching Rosenbach decision in the first appellate decision post-dating Rosenbach. The First District Appellate Court rejected attempts to carve exceptions into Rosenbach when it held...more

Bradley Arant Boult Cummings LLP

Illinois Supreme Court Adopts Expansive Interpretation of Standing under Illinois BIPA, Potentially Opening the Flood Gates for...

In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Opens Floodgates for Biometric Lawsuits: Will the Business Community Lobby for Change?

The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court’s decision that technical violations of the Illinois Biometric Information Privacy Act (“BIPA” or “Act”) without “some...more

Skadden, Arps, Slate, Meagher & Flom LLP

Illinois Supreme Court Holds That Biometric Privacy Law Does Not Require Actual Harm for Private Suits

The Illinois Supreme Court ruled that an Illinois biometric privacy law does not require individuals to show they suffered harm other than a violation of the law in order to bring suit. As a result, entities are at a greater...more

Fenwick & West LLP

Five Steps to Help Reduce Risk of Using Biometrics Following Illinois Supreme Court BIPA Ruling

Fenwick & West LLP on

In a highly anticipated ruling, the Illinois Supreme Court on January 25, 2019, held that plaintiffs who violated the Illinois Biometric Information Privacy Act — which regulates the collection of biometric information such...more

Akin Gump Strauss Hauer & Feld LLP

Rosenbach v. Six Flags - Illinois Supreme Court Takes Expansive View of Statutory Standing Under the Biometric Information Privacy...

• On January 25, 2019, the Illinois Supreme Court issued a decision interpreting the Biometric Information Privacy Act (BIPA) in the Rosenbach v. Six Flags Entertainment Corp. appeal. The court ruled that a plaintiff does not...more

Fisher Phillips

Illinois Supreme Court Clears Path For More Biometric Data Privacy Lawsuits

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The Illinois Supreme Court on January 25th, made it far easier for workers to bring suit against their employers for technical violations of the state’s biometric information privacy statute, putting employers on notice that...more

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