News & Analysis as of

Biometric Information Data Collection

Robinson+Cole Data Privacy + Security Insider

Colorado Amends its Consumer Privacy Rights Act

Earlier this month, after the conclusion of the public comment period, the Colorado Department of Law adopted amendments to the Colorado Privacy Act (CPA), which grants rights to Colorado consumers concerning their personal...more

U.S. Equal Employment Opportunity Commission...

EEOC Highlights How Wearable Technologies May Implicate Employment Discrimination Laws

WASHINGTON – A new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws,” released today by the U.S. Equal Employment Opportunity...more

Blake, Cassels & Graydon LLP

Biometrics in the Workplace: Issues and Legal Framework in Quebec

Employers are increasingly interested in the use of biometrics in the workplace. In fact, Quebec’s privacy regulator, the Commission d’accès à l’information (CAI), indicates in its 2023-2024 Annual Activity and Management...more

Fisher Phillips

Colorado Unveils New Privacy Rules: What Businesses – Including Employers – Need to Know to Stay Compliant

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The Colorado attorney general’s office just adopted significant updates to the Colorado Privacy Act (CPA) rules, which will soon introduce new obligations related to biometric data, employee biometrics, children’s privacy,...more

Blank Rome LLP

Proposed Amendments to Colorado Privacy Act Rules + Landmark Ruling on Retroactive Application of BIPA Amendments

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Colorado AG Releases Revisions to Draft Colorado Privacy Act Rules - The Colorado Attorney General’s Office released the second version of its proposed amendments to the Colorado Privacy Act rules. This round of revisions...more

Blake, Cassels & Graydon LLP

Utilisation de la biométrie en milieu de travail : enjeux et cadre juridique au Québec

L’utilisation des données biométriques en milieu de travail suscite un intérêt croissant de la part des employeurs. En effet, dans son Rapport annuel d’activités et de gestion 2023-2024, la Commission d’accès à l’information...more

McGuireWoods LLP

Illinois Courts Consider Retroactivity of Amendment to Biometric Information Privacy Act

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On Nov. 13, 2024, in Gregg v. Central Transport LLC, the U.S. District Court for the Northern District of Illinois confirmed that Public Act 103-0769 (previously Senate Bill 2979), which amends Illinois’ Biometric Information...more

DLA Piper

Australia: In-Store Facial Recognition Tech Breached Privacy Act

DLA Piper on

“Ethically challenging” and “the most intrusive option” – these are some of the words Australia’s Privacy Commissioner used to describe facial recognition technology (FRT), and its use by national hardware retailer Bunnings....more

Kilpatrick

Northern District of Illinois finds BIPA amendment a “clarification” of existing law and enforces it in pending action

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Takeaway: We have written before about the Illinois Biometric Information Privacy Act (BIPA) and the risk of annihilating damages in class actions if every alleged biometric scan or transmittal of that scan for a single...more

Clark Hill PLC

End of the BIPA Era? Federal Court Rules BIPA Amendment Applies Retroactively

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On Nov. 13, Judge Elaine Bucklo of the United States Court for the Northern District of Illinois ruled that the Illinois legislature’s recent amendment to the Illinois Biometric Privacy Act (BIPA) limiting the damages...more

Roetzel & Andress

Illinois Court Rulings Address Retroactive Application of BIPA Amendment

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A recent federal court ruling in Illinois has sparked significant debate regarding the retroactive application of the August 2024 amendments to the Illinois Biometric Information Privacy Act (BIPA). In a landmark decision,...more

Eversheds Sutherland (US) LLP

Plaintiffs’ attorneys continue to test class action theories under New York City’s Biometrics Law

A putative class action complaint filed against the parent company of the New York Mets underscores the need for businesses in New York City to comply with an oft-overlooked law governing the collection and use of consumer...more

McDermott Will & Emery

Trick or Treat: Colorado AG Announces Public Hearing on Proposed CPA Regulations

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On October 30, 2024, the Colorado attorney general (AG) announced a November 7, 2024, public rulemaking hearing to receive feedback on its latest proposed Colorado Privacy Act (CPA) regulations...more

BakerHostetler

Colorado and California Get Ahead of Neural Data Regulation

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It is often said that the law lags behind the pace of technological development. Yet, while computer chip implants and wearable brain activity monitors are only just starting to show technical viability, two states recently...more

Baker Botts L.L.P.

Colorado Attorney General Proposes Privacy Act Rules

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On September 13, 2024, the Colorado Attorney General published a set of proposed rules for the Colorado Privacy Act. The proposed rules introduce several significant changes aimed at enhancing consumer privacy protections and...more

Fisher Phillips

Landmark Privacy Regulations Could Soon Require Colorado Employers to Comply With Biometric Info Law: 3 Tips to Stay Protected

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Colorado employers could soon need to comply with the disclosure and consent requirements of the state’s privacy act when they collect biometric identifiers from employees or applicants – which would make Colorado the first...more

McDermott Will & Emery

California Amends Key CCPA Definitions

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California is set to amend the California Consumer Privacy Act of 2018 (CCPA) with two recent amendments that have been signed into law. Assembly Bill (AB 1008) and Senate Bill 1223 (SB 1223) aim to clarify how the law...more

BakerHostetler

AI and Sports - Security vs. Privacy

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With the United States preparing to host the 2026 FIFA World Cup, the 2028 Summer Olympics in Los Angeles and the 2034 Winter Olympics in Salt Lake City, the race is on for venues, individual states and the federal government...more

Nelson Mullins Riley & Scarborough LLP

Meta's Bid to Dismiss Biometric Privacy Class Action Rejected by Illinois Federal Judge

An Illinois federal judge has denied Meta's attempt to dismiss a biometric privacy class action involving its Messenger and Messenger Kids apps. The plaintiffs, a group of parents and children, allege that Meta unlawfully...more

Nelson Mullins Riley & Scarborough LLP

Colorado Privacy Act Draft Amendments: Biometric Data, Children's Privacy, and Opinion Letters

On Sept. 13, the Colorado Attorney General’s Office proposed amendments to the Colorado Privacy Act (CPA) affecting biometric data, children's privacy, and opinion letters....more

Wyrick Robbins Yates & Ponton LLP

Illinois Adopts Business-Favorable Amendment to Biometric Information Privacy Act

The Illinois Biometric Information Privacy Act (“BIPA”) has posed significant litigation risk to businesses collecting biometric information since its adoption in 2008. Last year, an Illinois Supreme Court decision magnified...more

Miller Nash LLP

The State of State Privacy Laws: What Businesses Need to Know (2024 Edition)

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Summer days are over and it’s time to hit the books. State legislatures were just as busy in 2024 as they were in 2023 making up for the U.S. Congress’s inability to pass a comprehensive privacy law....more

Husch Blackwell LLP

Proposed Draft Amendments to Colorado Privacy Act Rules Published

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Keypoint: The proposed draft amendments modify the Colorado Privacy Act Rules to create a process for issuing opinion letters and interpretative guidance and to address the biometric and children’s privacy amendments passed...more

Constangy, Brooks, Smith & Prophete, LLP

After 16 years, BIPA is amended to limit potential damages for violations

Laura Balson in our Chicago office recently discussed an amendment to the Illinois Biometric Information Privacy Act. At that time, the Illinois House and Senate had passed an amendment to Illinois Biometric Information...more

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

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