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
Immigration Insights Podcast: International Entrepreneur Parole Program & Biometrics Requirement
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
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
The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more
On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The...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
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
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
Last Friday saw what has become an all too common sight in Springfield, Illinois—the end of another legislative session without Biometric Information Privacy Act (BIPA) reform. Going into the end of the session, hopes were...more
Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics - “Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...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
In just the last two weeks, the Illinois Supreme Court dealt two significant blows would be defendants (i.e., employers and consumer-facing companies) under Illinois’ exacting Biometric Information Protection Act (BIPA). The...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
In the first biometrics privacy class action to go to trial in Illinois, last week a jury handed down a $228 million judgment against BNSF Railway Co. In the case of Rogers v. BNSF Ry. Co. (N.D. Ill., No. 19-cv-03083), the...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
Illinois’ Biometric Information Privacy Act (BIPA) has spawned a tsunami of class actions against employers who utilize biometric timekeeping or security systems. Now, the Illinois Supreme Court in McDonald v. Symphony...more
Employers in Illinois who collect, use, or retain their employees’ biometric data—personal information such as fingerprints or facial or voice recognition—need to be aware of a recent legal development....more
On February 3, 2022, the Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, ruling that statutory violations of the Illinois Biometric Privacy Act (“BIPA”)...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
On September 17, 2021, the Illinois Appellate Court for the First Judicial District issued its highly anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563, ruling that the applicable statute of...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
In a recent Bloomberg Law article, we reported on legislative developments regulating the use of artificial intelligence (“AI”) in employment law decisions. On May 11, 2020, one of the pieces of proposed legislation we...more
In the last week, a new type of BIPA case has emerged that should be of interest to companies involved in using, improving, and developing facial recognition and other artificial intelligence (AI) using photos. Companies that...more
Over the past several years, technology has infiltrated more and more aspects of life—including the employment context. With new consumer and business products and platforms being introduced to the workplace on a daily basis,...more
A #BigIdeas2020 Trending News interview from Employment Law This Week®, featuring attorney Matthew Savage Aibel of Epstein Becker Green: Employers’ use of facial recognition technology is expected to increase in 2020. But...more