Biometric Litigation
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Podcast: BIPA Trends in 2022
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5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
Data privacy-related lawsuits have skyrocketed in recent years. Federal courts saw over 900 data privacy dockets in 2020 – but witnessed a surge to 1,767 dockets in 2023. At the halfway point in 2024, federal court data...more
On March 18, 2024, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued revised guidance on the use of tracking technologies by HIPAA-covered entities and business associates....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
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
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
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
Adding to the growing trend of policymakers interested in regulating health and wellness data, last week U.S. Senator Bill Cassidy requested stakeholder feedback to help identify solutions to modernize HIPAA and ensure all...more
This is Part Three in a series of legal updates on the Washington My Health My Data Act (“WMHMDA”) where Quarles continues its deep dive into the various factors and intricacies of WMHMDA that are creating tidal waves in the...more
Illinois Supreme Court Allows Massive Damages in Biometric Privacy Cases - “The case involves Ohio-based fast-food company White Castle.” Why this is important: Illinois has the strictest biometric privacy law in the...more
On August 22, 2022, the Federal Trade Commission (“FTC”) indicated through the Advanced Notice of Proposed Rulemaking its intent to limit commercial surveillance – the common corporate practice of collecting, analyzing, and...more
Verizon's Protected Health Information Data Breach Report Concludes that Insiders Are Greatest Threat to Health Care Entities - Verizon recently issued its Protected Health Information Data Breach Report, which is always...more
Biometric data – obviously not in just the movies anymore. It is alive, well, and increasingly being used in our everyday society. But, on September 23, 2015, when the Office of Personnel Management revealed that fingerprint...more