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Biometric Information Corporate Counsel Data Collection

Miller Nash LLP

From Fingerprints to Facial Recognition: Employer Responsibilities for Biometric Data

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Companies’ use of their customers’ biometric data has been increasing for a couple of decades. Numerous state and federal laws regulate how consumer biometric data can be stored and used and require notices to consumers about...more

Smith Gambrell Russell

Favorable BIPA Ruling for Defendants from the Northern District of Illinois

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We are pleased to inform you about a recent development in the Illinois Biometric Information Privacy Act (BIPA) law that could significantly impact businesses using biometric data. Last week, in the case of GT v. Samsung...more

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

Wiley Rein LLP

Litigation Grows Around Website Technologies, With Focus on Sensitive Data

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Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more

Epstein Becker & Green

Deyerler v. HireVue Expands Biometric Privacy Law to AI Video Interview Platform

A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.  In...more

Husch Blackwell LLP

Proposed State Privacy Law Update: February 5, 2024

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Keypoint: It was a busy week for committee hearings as the 2024 session picked up speed heading into February. Below is the second weekly update on the status of proposed state privacy legislation in 2024....more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

Paul Hastings LLP

Not Enough in Estee Lauder BIPA Suit: Chicago Federal Judge Rules Make-Up "Try On” Technology Doesn't Meet Definition of Biometric...

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A Chicago federal judge has provided further insight into how Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”) claims will be reviewed. In a January 10th ruling, a U.S. District Court dismissed a...more

BakerHostetler

In Case You Were Focused on the Holidays and Not the FTC - It’s COPPA and Facial Recognition Time

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The FTC has become big on the late December surprise. In late December 2022, the agency announced the health claims guidance, which was quite a big deal for advertisers. This December there were two late December...more

Vedder Price

Back to the BIPA Norm—Illinois Supreme Court Refuses to Reconsider Cothron Decision

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In a highly anticipated decision issued in February 2023, the Illinois Supreme Court held that a separate claim accrues under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740 ILCS 14/1 et seq.) each...more

Paul Hastings LLP

Biometrics in Focus at the FTC

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Two recent actions by the Federal Trade Commission (“FTC”) reveal a potentially significant shift in its regulatory and potential prosecutorial focus to companies that use, obtain, share, disclose, disseminate, and/or store...more

Bilzin Sumberg

What Does the Florida Digital Bill of Rights Mean for Your Business?

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Florida Governor Ron DeSantis signed into law Senate Bill 262, known as the “Florida Digital Bill of Rights” (“FDBR”), on June 6, 2023.  The FDBR will go into effect on July 1, 2024, which means businesses subject to it...more

BakerHostetler

FTC Issues Warning on Use of Biometric Information

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On May 18, 2023, the Federal Trade Commission (FTC) issued a Policy Statement on Biometric Information and Section 5 of the FTC Act (Policy Statement). Section 5 of the FTC Act, 15 U.S.C. § 45, prohibits “unfair or deceptive...more

Fisher Phillips

Florida Likely to Join Growing Trend with Digital Bill of Rights: Top 9 Questions for Businesses

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Florida is expected to be the tenth state to pass comprehensive consumer privacy legislation. The Florida Digital Bill of Rights was approved by the state legislature earlier this month and is expected to soon be signed by...more

Blank Rome LLP

Have You Heard? Voiceprint Biometric Suits Are on the Rise

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Biometric technology, and the corresponding regulation thereof, has dramatically expanded in recent years. While most people may be familiar with fingerprint scanning and facial recognition, audio recognition has grown...more

Eversheds Sutherland (US) LLP

Plaintiffs’ attorneys discover a new tool in New York City biometrics law

Plaintiffs have filed two putative class action complaints in 2023, alleging violations of New York City’s relatively new biometric information privacy law, signaling a new potential avenue for class action plaintiffs’ lawyer...more

Husch Blackwell LLP

Proposed State Privacy Law Update: February 27, 2023

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Keypoint: Last week lawmakers introduced a consumer privacy bill in Rhode Island and biometric privacy bills in Kentucky and Missouri; advanced consumer privacy bills out of committee in multiple states; and advanced a...more

Husch Blackwell LLP

State Biometric Privacy Law Tracker Released

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With state legislatures opening across the country, lawmakers in numerous states are introducing bills to regulate private entities’ processing of biometric information. These bills, many of which are similar to the Illinois...more

Seyfarth Shaw LLP

Eagerly Awaited Decisions For BIPA Class Action Litigation in 2023

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Despite its enactment in 2008, the Illinois Biometric Information Privacy Act’s (BIPA) legal standards were largely undeveloped until its emergence to the main stage circa 2017. But with the decisions in Rosenbach v. Six...more

Bond Schoeneck & King PLLC

Illinois Appellate Court Imposes Strict Timeline for Retention and Destruction of Biometric Data

In Mora v. J&M Plating, Inc., No. 2-21-0692, 2022 IL App (2d) 210692 (Ill. App. Ct. 2d Dist. Nov. 30, 2022), the Illinois Second District Court of Appeals held that Illinois’ Biometric Information Privacy Act (BIPA or Act)...more

Seyfarth Shaw LLP

Illinois Appellate Court Holds Businesses Must Implement Biometric Retention and Destruction Policies Before Collecting Biometric...

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Seyfarth Synopsis: On November 30, 2022, the Illinois Second District Appellate Court reversed the trial court’s grant of summary judgment in Defendant’s favor in a case entitled Mora v. J&M Plating, Inc. The lawsuit was...more

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

DashCam Developer Insulated From BIPA Liability

On November 3, 2022, an Illinois circuit court judge dismissed a Biometric Information Privacy Act (Privacy Act or BIPA) putative class action against Samsara, Inc., a DashCam developer. DashCam is a safety technology for...more

Troutman Pepper

Washington Court Finds Illinois’ BIPA Does Not Apply Outside the State

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On October 17, a U.S. District Court for the Western District of Washington issued an order and judgment, ending two related putative class actions alleging tech companies violated Illinois’ Biometric Information Privacy Act...more

Seyfarth Shaw LLP

Railway Company Proceeds With First Ever BIPA Jury Trial in Federal District Court in Chicago

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Seyfarth Synopsis: Last week, the first jury trial of an Illinois Biometric Information Privacy Act (“BIPA”) class action case began in the U.S. District Court for the Northern District of Illinois in a case entitled Rogers...more

Locke Lord LLP

BIPA's Scope Shaped by Courts With No Legislative Relief in Sight

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Since the Illinois Supreme Court’s Rosenbach decision holding that BIPA is actionable on the mere showing of statutory violations rather than actual harm, litigants and courts alike have been busy shaping BIPA case law. Here...more

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