Biometric Litigation
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Podcast: BIPA Trends in 2022
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#BigIdeas2020: Facial Recognition Technology and Employer Compliance - Employment Law This Week® - Trending News
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
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
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
Keypoint: Last week, the Nebraska legislature passed a consumer data privacy bill. Below is the twelfth weekly update on the status of proposed state privacy legislation in 2024....more
Keypoint: Last week, the Kentucky legislature passed a consumer data privacy bill, Colorado passed an amendment to the Colorado Privacy Act, and there was movement on bills in Maine, Maryland, Rhode Island, and Vermont....more
European Union policymakers reached a provisional agreement on the Platform Work Directive on March 11, 2024, which reveals significant concessions on the classification of digital platform workers as employees or independent...more
Keypoint: Last week, consumer data privacy bills passed out of the Vermont and Pennsylvania Houses, an Age-Appropriate Design Code Act variant bill passed out of the Vermont Senate, and bills advanced in Colorado, Maryland,...more
Keypoint: It was a very busy week with Kentucky on the cusp of passing a consumer data privacy bill, Maryland advancing consumer and children’s bills, and movement on bills in Minnesota, Vermont, Georgia, Maine, and New York....more
Keypoint: Last week, consumer data privacy bills advanced in Minnesota, Maryland, and Missouri, New Hampshire’s Governor signed SB 255 into law, Maryland’s AADC bill advanced in the Senate, and the Hawaii House passed a...more
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
Keypoint: Last week chambers in West Virginia and Georgia passed consumer data privacy bills while a VCDPA amendment bill focused on children’s privacy passed the Virginia legislature. Below is the sixth weekly update on the...more
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
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
We are back for our fifth year of tracking proposed state privacy legislation and fourth year of providing weekly updates. As in past years, we will track proposed consumer data privacy legislation through our weekly updates...more
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
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
2023 is shaping up to be a landmark year for data privacy, on both sides of the Atlantic. In the US, four new state laws go into effect – two on July 1 – while California is expanding its already robust requirements, and...more
Keypoint: Last week the Nevada legislature passed a health data privacy bill, the Delaware House passed a consumer data privacy bill, the Oregon House passed a data broker bill, and the New York Senate passed consumer and...more
On May 31, the Federal Trade Commission (FTC or Commission) announced two separate enforcement actions against Amazon—one involving its cloud-based voice service, Alexa, and the other involving Ring, its smart doorbell...more
The enactment of biometric privacy laws is a growing trend across the country. Existing legislation has led to a boon of class action litigation against employers, consumer-facing businesses, and technology companies for...more
Below is the twenty-first weekly update on the status of proposed state privacy legislation in 2023. Before we get to our update, we wanted to provide two reminders....more
Keypoint: Last week the Texas Senate passed a comprehensive data privacy bill, the Tennessee Governor signed HB 1181 into law, and the Connecticut Senate passed a health/children’s privacy bill. Below is the eighteenth...more
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
The Illinois Appellate Court recently issued the first-ever opinion regarding insurance coverage for claims under the Illinois Biometric Information Privacy Act (BIPA) involving a cyber insurance policy. The Court’s finding...more
Keypoint: Last week the Indiana legislature passed a consumer data privacy bill. Below is the fourteenth weekly update on the status of proposed state privacy legislation in 2023. The big news last week was the Indiana...more
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