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5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
On August 2, 2024, Governor Pritzker signed Senate Bill 2979 (“SB 2979”) into law, making significant changes to the Illinois Biometric Information Privacy Act (“BIPA”). By way of background, BIPA requires private employers...more
The Illinois General Assembly has passed a bill prohibiting claims for per-scan damages under the Biometric Information Privacy Act (Privacy Act or BIPA), legislatively overruling the Supreme Court of Illinois’s...more
In a significant legislative development, the Illinois House of Representatives has overwhelmingly approved Senate Bill 2979, with a vote of 81 to 30, which amends the Illinois Biometric Information Privacy Act (BIPA) to...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
Recently, the Illinois General Assembly have restarted efforts to amend the Biometric Information Privacy Act of 2008 (“the Act”). On January 31, 2024, Senator Bill Cunningham introduced S.B. 2979 ostensibly to answer the...more
On July 18, 2023, the Illinois Supreme Court denied a petition for rehearing in Cothron v. White Castle System, Inc., 2023 IL 128004. The denial comes five months after the Illinois Supreme Court ruled that claims accrue...more
On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more
BNSF Railway, previously hit with a $228 million jury award for violating the Illinois Biometric Information Privacy Act (BIPA) when collecting fingerprints of employees, was recently awarded a new trial to determine damages....more
On February 2, 2023, the Illinois Supreme Court ruled in Tims et al. v. Black Horse Carriers, Inc. that all cases filed pursuant to the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of...more
February brought big changes to the Illinois Biometric Information Privacy Act (“BIPA”) litigation landscape. On the heels of a catastrophic 228 million dollar jury verdict against BNSF, the Illinois Supreme Court issued an...more
On Friday, February 17, 2023, the Illinois Supreme Court issued another blockbuster ruling interpreting the Biometric Information Privacy Act (“BIPA”). In a 4 to 3 decision, the Court in Cothorn v. White Castle Systems held...more
In a recent 4-3 decision, the Illinois Supreme Court held that claims under sections 15(b) and 15(d) of Illinois’ Biometric Information Privacy Act (BIPA) accrue each time a private entity collects a biometric identifier...more
The Illinois First District Appellate Court threw employers a curveball when it recently held that different statutes of limitations apply to various sections of Illinois' Biometric Information Privacy Act, 740 ILCS §14/...more
Q. An employee has requested that the company give her an accommodation due to a religious practice I have never heard of. Do we have to comply with this request? A. Title VII of the Civil Rights Act of 1964 protects...more
Alliance Ground International is the latest company to be sued for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) for collecting and storing its employees’ fingerprints without their consent....more
Employers are increasingly using biometric data such as facial characteristics, hand geometry, retina/iris scans, fingerprints and voiceprints in the workplace. Biometric data can be used to establish records of employee...more