Biometric Litigation
DE Under 3: FTC Enters the Biometric Privacy Protection Conversation
Digital Planning Podcast Episode: Understanding Biometrics and the Impact on Estate Planning
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
Podcast: BIPA Trends in 2022
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JONES DAY PRESENTS® The Impact of Digital Health on Research and Clinical Trials
#BigIdeas2020: Facial Recognition Technology and Employer Compliance - Employment Law This Week® - Trending News
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
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
On July 2, Judge Sunil Harjani of the Northern District of Illinois issued an opinion in Sanders v. E.A. Sween Company holding that an employee who was not a member of a union, but was a member of a collective bargaining unit...more
Earlier this month the UK privacy office put a stop to several related entities’ use of facial recognition technologies and fingerprint monitors for their employees. The UK Information Commissioner’s Office found that the...more
On November 30, the Illinois Supreme Court unanimously ruled that the Biometric Information Privacy Act (BIPA) does not apply to health care workers whose fingerprints are collected, stored, and used to access medication and...more
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
The Illinois Supreme Court started off 2023 answering two long-awaited and lingering questions about the reach and scope of the Biometric Information Privacy Act (“BIPA”). The Court’s decisions in Tims v. Black Horse Motor...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, 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
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
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
Employers who use biometric technology in the workplace should be aware of the developing trend towards legislation targeting the misuse of biometric information. Biometric technology, which is used to identify individuals by...more
Yesterday, at long last, the Illinois Supreme Court issued a decision making clear that state workers’ compensation law does not preempt employment-based claims arising under the Biometric Information Privacy Act (BIPA). The...more
Ever since the enactment of the Illinois Biometric Information Privacy Act (BIPA), we have been watching the development of laws around the collection, use, disclosure and retention of biometric information....more
The use of biometric-enabled devices has become ubiquitous in the modern workplace. Biometric time clocks offer employers an accurate and reliable way to track employees’ hours, while increasing accountability. Biometric...more
At the end of 2019, Dutch department store chain HEMA announced it was going to stop using fingerprints for its time clocks and sales registers. HEMA had been planning to introduce this fast and reliable method of...more
Hotel chain Fillmore Hospitality, LLC is the latest target of a proposed class action complaint filed this week, alleging violation of the Illinois Biometric Information Privacy Act (BIPA)....more
Parents who took their children to Disney World in recent years may have been surprised when Disney “cast members” asked the young princes and princesses to place a finger on a scanner before entering the parks. Biometric...more
US Cold Storage’s lawsuit under the Biometric Information Privacy Act was recently dismissed because, the court held, the violations of the law were merely technical. As a result, the plaintiff did not have sufficient...more
On November 20, 2018, the Illinois Supreme Court heard oral argument on whether a company’s technical violation of the Illinois Biometric Information Privacy Act (“BIPA”) is sufficient to confer standing or whether a...more
We have been following litigation surrounding the Illinois Biometric Information Privacy Act (BIPA), and noting that many employers have been sued for using fingerprints for employees to clock into their jobs....more
Technology is great. I can use my smartphone to change a million TV channels without getting up (of course, there’s still nothing to watch until Game of Thrones returns). Employers, too, are reaping the benefits of...more
Several companies now offer time and attendance solutions that incorporate the use of fingerprint identification technology and purport to eliminate “buddy punching” for hourly employees. In addition to time and attendance...more
Many employers now track employee attendance by using biometric scanners that require an employee to clock in and out by scanning a fingerprint or a palmprint. Such scanners have largely replaced paper timesheets and have...more