Biometric Litigation
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5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
On August 5, 2024, Illinois Governor J.B. Pritzker signed into law SB 2979, significantly amending the state’s Biometric Information Privacy Act (BIPA). This update represents a considerable decrease in the potential for...more
Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns...more
The fingerprints of the federal courts are all over Biometric Information Privacy Act (BIPA) jurisprudence, and Illinois state courts may want to change that. A recent Illinois Appellate Court decision disagreed with a...more
2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a...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
This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...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
In the first win for defendants facing Illinois Biometric Information Privacy Act (BIPA) litigation before the Illinois Supreme Court, the Court in Mosby v. Ingalls Memorial Hospital held that BIPA excludes from its...more
Healthcare workers’ alleged biometric information “collected, used, and stored to access medications and medical supplies for patient health care treatment” is excluded from coverage under section 10 of Illinois’ Biometric...more
On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more
On November 30, 2023, in a unanimous decision, the Illinois Supreme Court issued its decision in the consolidated cases Mosby v. Ingalls Memorial Hospital, et al., and Mazya v. Northwestern Memorial Health Care, No 2023 IL...more
The Illinois Supreme Court unanimously ruled that the exclusivity provisions of the Workers’ Compensation Act do not bar a claim for statutory damages under the Biometric Information Privacy Act (BIPA). In so doing, the Court...more
On July 18, 2023, the Supreme Court of Illinois declined to reconsider its February 2023 holding that claims under the state’s Biometric Information Privacy Act (Privacy Act or BIPA) accrue on each and every scan or...more
On July 18, 2023, the Illinois Supreme Court denied a rehearing on the issue of Biometric Information Privacy Act (BIPA) accrual. The request for rehearing derived from an opinion by the 7th Circuit, Cothron v. White Castle...more
In the closely-watched first case to go to trial under the Illinois Biometric Information Privacy Act (BIPA), a federal judge has now vacated a $228 million award of statutory liquidated damages. The judge concluded that...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
On March 23, 2023, the Illinois Supreme Court issued an opinion in Walton v. Roosevelt University, 2023 IL 128338 that affirms the validity of an important preemption defense for employers facing litigation under the Illinois...more
The Illinois Supreme Court recently held in Cothron v. White Castle System, Inc., No. 128004 that a violation of the Illinois Biometric Information Privacy Act (the “Act” or “BIPA”) occurs and accrues every time a scan of a...more
Last week, the Illinois Supreme Court put an end to the streak of unfavorable Illinois Biometric Information Privacy Act (BIPA) opinions for defendants before that court. In Walton v. Roosevelt University, the...more
Can unionized employees sue their employers in court for violations of Illinois’ Biometric Information Privacy Act (BIPA)? In a rare victory for BIPA defendants, the Illinois Supreme Court unanimously ruled they cannot....more
The Illinois Biometric Information Privacy Act, enacted in 2008, was designed to provide individuals with control over their biometric information and to establish standards for collection. The Illinois Supreme Court has...more
If your customers sue your business for collecting their fingerprint data without following the applicable laws, will your insurance policy cover the costs? Policyholders and carriers have been in a legal war to answer this...more
For several years, companies that collect, use, and store the biometric information of Illinois residents have lived in fear of violating the Biometric Information Privacy Act (BIPA), due to a tidal wave of class action...more
The Illinois Supreme Court recently clarified when a Biometric Information Privacy Act (BIPA) claim accrues: each time, and not just the first time, a person’s biometric information is collected without consent. BIPA requires...more
Background - The Illinois Supreme Court recently issued a decision that could have wide-ranging implications for defendants and plaintiffs alike under the Illinois Biometric Information Privacy Act (BIPA). In response to a...more