#WorkforceWednesday® - State Legal Trends: Crucial Changes for Employers - Employment Law This Week®
Biometric Litigation
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
Podcast: BIPA Trends in 2022
Data Privacy Legislation, Part 2 (and bonus tips on teleworking from two law mamas who feel your pain!)
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more
Last April, the Supreme Court of Illinois found that a claim under the Biometric Information Privacy Act (“BIPA”) accrues each time a private entity collects or disseminates a biometric identifier or biometric information. ...more
Introduction - Illinois has enacted laws addressing rights and obligations related to data privacy. Companies and organizations that handle, collect, disseminate, or otherwise deal in nonpublic information have a number of...more
The Illinois legislature is considering a bill that would prohibit Biometric Information Privacy Act (Privacy Act or BIPA) per-scan damages and provide a potential lifeline to employers that face potentially catastrophic...more
We are writing to inform you of significant legislative developments regarding the Illinois Biometric Information Privacy Act (BIPA) that may impact your operations in Illinois....more
Earlier this year, the Missouri legislature proposed its own Biometric Information Privacy Act (HB 1047), joining the growing list of states eager to enact and implement laws governing biometric data. Biometric data or...more
Since the start of the 2023 legislative session, at least 15 biometric privacy law proposals have emerged across 11 states (including Arizona, Hawaii, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, New York,...more
On February 17, 2023, the Illinois Supreme Court ruled in Cothron v. White Castle System, Inc., 2023 IL 128004, that claims accrue under the Illinois Biometric Information Privacy Act (BIPA) each time data is collected and...more
Your biometric data tells the tale of who you are in intricate detail. Often, your biometric data is used to verify your identity at work or school. Currently, Illinois has the most comprehensive biometric privacy law in the...more
2022 has been a busy legislative year for privacy. Dozens of states considered consumer privacy bills, two states enacted privacy consumer bills and California released proposed California Consumer Privacy Act (CCPA)...more
Keypoint: This week a new bill was introduced in Louisiana; the Maryland work group bill received an unfavorable committee report; the Connecticut bill was referred to a second committee; and California’s biometric privacy...more
Keypoint: This week the Indiana Senate passed a bill, lawmakers in Alaska, Massachusetts, and Washington passed bills out of committee, new bills were introduced in West Virginia and Wisconsin, and there was movement on many...more
Biometric technology data is generated more frequently these days in private and professional settings as authentication methods like fingerprint scanning, facial recognition, and voice recognition are becoming standard on...more
A new legislative proposal pending before Illinois lawmakers has the potential to make life a lot easier for employers and businesses when it comes to exposure and liability for biometric privacy claims. While the Illinois...more
A bipartisan group of New York state lawmakers recently introduced privacy legislation that would impose new obligations on businesses related to biometric identifiers and biometric information. The Biometric Privacy Act...more
The federal government is looking to put its finger on the pulse of biometric privacy with the proposed National Biometric Information Privacy Act of 2020 (S. 4400), introduced by United States Senators Bernie Sanders...more
U.S. Judge Halts Trump's TikTok Ban, Hours Before It was Set to Start - "John Hall, an attorney for TikTok, said that the app, with some 100 million American users, is a 'modern day version of the town square' and shutting...more
Crosmun v. The Trustees of Fayetteville Technical Community College Provides Much Needed Guidance to NC Courts on How to Properly Craft eDiscovery Protocols - The Court of Appeals decision in Crosmun is important because...more
Over two years ago, in our annual year in preview series, we noted that while only three states had passed laws specifically dealing with the protection of biometric information, other states were considering following their...more
California Adds Biometric Restrictions to Data-Breach Law, Potentially Creating a De Facto Biometric Privacy Law Subject to the governor’s signature, California’s breach-notification law will gain additional requirements...more
As with any proposed legislation, employers must beware of the legal pitfalls that lie in wait for them, surprising those who have not considered the creative lawsuits plaintiffs’ attorneys may conjure. The most recent...more
After Illinois passed its Biometric Information Privacy Act in 2008 (“BIPA”), other states have begun enacting legislation regulating business activities relating to biometric information. Texas and Washington were next,...more
In the wake of the Illinois Supreme Court decision that held that claimants need only allege a procedural violation to have standing to bring an action under the Illinois Biometric Information Privacy Act (BIPA) and the...more
Seyfarth Synopsis: Although the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags may have upped the ante for employers facing litigation under the Illinois Biometric Information Privacy Act (“BIPA”)...more
Senators Brian Schatz (D) and Roy Blunt (R) recently introduced S.847, the “Commercial Facial Recognition Privacy Act of 2019,” a bill that would, subject to certain important exceptions, generally prohibit the commercial use...more