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Biometric Information Employee Privacy Rights Data Privacy

Ius Laboris

Saving Face: 5 Top Tips for Using Biometric Data in the Workplace

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As we become more accustomed to using our faces or fingerprints to unlock devices in our everyday life, it’s not surprising that employers in Hong Kong are considering using biometric systems in the workplace. However,...more

Jackson Lewis P.C.

Happy Privacy Day: Emerging Issues in Privacy, Cybersecurity, and AI in the Workplace

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As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel...more

BCLP

Colorado's New Requirements for Biometric Data: What Businesses Need to Know

BCLP on

On December 6, 2024, the Colorado Attorney General’s Office notified the public that it adopted the updated Colorado Privacy Act (CPA) Rules, as a follow-up to the amendments to the CPA made earlier in the year (collectively,...more

Jackson Lewis P.C.

2024 Wrap-Up of the Workplace Privacy, Data Management & Security Report

Jackson Lewis P.C. on

As the year comes to a close here are some of the highlights from the Workplace Privacy, Data Management & Security Report with our most popular topics and posts from 2024. Expanding State Privacy Laws- This year saw a...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

Husch Blackwell LLP

New Colorado Privacy Act Rules Adopted

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Keypoint: The attorney general’s office modified 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

Benesch

Colorado Amends Privacy Act to Include Enhanced Biometric Data Requirements

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The Colorado Privacy Act already required prior consent for sensitive personal data, with the amendment now setting forth requirements for purchasing and retaining biometric data. The Colorado state legislature recently...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

Epstein Becker & Green

Health Care Workers Engaged in Treatment, Payment, or Operations Excluded by BIPA

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As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use...more

Seyfarth Shaw LLP

GIPA: The Next Big Thing in Privacy Class Actions Against Illinois Employers

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Seyfarth Synopsis: While the plaintiffs’ bar has aggressively pursued class actions under the Biometric Information Privacy Act (“BIPA”) in recent years, these cases soon may be rivaled by the influx of class actions brought...more

Amundsen Davis LLC

[Webinar] Ninth Annual Labor & Employment Fall Seminar - September 13th, 12:00 pm - 4:00 pm CT

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Join us Wednesday, September 13 at noon for our Ninth Annual Labor & Employment Fall Seminar. This year’s event will be livestreamed from our Chicago office. Our attorneys will discuss the latest employment law updates...more

Littler

BIPA’s Devastating Effects on Illinois Businesses

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As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the...more

Franczek P.C.

Employers With Broad Management Rights Under a CBA Spared From Some BIPA Litigation

Franczek P.C. on

In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more

Shook, Hardy & Bacon L.L.P.

BIPA After Tims and White Castle: Now What?

As you likely heard, in two recent rulings, the Illinois Supreme Court finally addressed important statute-of-limitations issues. In Tims v. Black Horse Carriers, the Supreme Court ruled that a five-year statute of...more

Stikeman Elliott LLP

Québec’s Law 25 and Privacy By Design: 5 Things to Remember When Configuring Information Systems

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The bulk of the “Law 25” amendments to Québec’s Act Respecting the Protection of Personal Information in the Private Sector (“PPIPS”) take effect on September 22, 2023. In a previous post, we discussed the internal policies...more

Wyrick Robbins Yates & Ponton LLP

Working 9 to 5: What a Way to Rack Up BIPA Violations

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

Kelley Drye & Warren LLP

BIPA Becomes the Monster Employers Feared

Two momentous decisions regarding the Illinois Biometric Information Privacy Act (BIPA) recently came down from the Illinois Supreme Court. First, the Court recently ruled in Cothron v. White Castle System Inc. that a BIPA...more

Neal, Gerber & Eisenberg LLP

Illinois Biometric Privacy Law Developments May Increase Risk to Businesses Generally But Protect Healthcare Employers from Suits

On Friday, February 17, the Illinois Supreme Court ruled that Biometric Information Privacy Act (BIPA) claims accrue each time a biometric identifier is unlawfully collected and disclosed rather than simply the first time....more

Franczek P.C.

Illinois Supreme Court Doubles Down on Liability for BIPA Claims

Franczek P.C. on

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

Polsinelli

Divided Illinois Supreme Court Holds that BIPA Claims Accrue with Each Scan, Potentially Opening the Door to Massive Damages...

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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

FordHarrison

The Clear and Present Danger of Not Complying with Biometric Privacy Laws

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Outside of Hollywood, employers have used biometrics to limit access to sensitive information and secure areas for a number of years. As costs of implementing the technology decreased and the technology became more...more

Franczek P.C.

Illinois Supreme Court rules that Workers’ Compensation Act does not preempt BIPA claims

Franczek P.C. on

In a February 3, 2022 decision in Marquita McDonald v. Symphony Bronzeville Park LLC, the Illinois Supreme Court ruled that employee claims for damages for violations of their statutory privacy rights under the Illinois...more

Fisher Phillips

A Look Back at the Year in Data Security – and Predictions for 2022

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As 2021 comes to a close, this article recounts some of the biggest trends in data privacy and cybersecurity from the past year and looks ahead at what we anticipate will come to workplaces in 2022. Employers across the...more

Greenberg Glusker LLP

[Webinar] Data Privacy Forecast + Concerns for CA Businesses & Employers - January 25th, 10:00 am - 11:00 am PST

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It is less than one year until California’s landmark privacy law—CPRA—comes into effect. In the meantime, 2020 saw significant changes to California’s existing laws, including the expansion of laws dealing with biometric...more

McGuireWoods LLP

Illinois Courts Begin Clarifying the Biometric Information Privacy Act

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Earlier this year, McGuireWoods reported that, in 2021, Illinois courts are expected to decide several open issues related to the state’s Biometric Information Privacy Act (BIPA). Those opinions have recently begun to be...more

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