News & Analysis as of

Biometric Information Illinois State Privacy Laws

Constangy, Brooks, Smith & Prophete, LLP

After 16 years, BIPA is amended to limit potential damages for violations

Laura Balson in our Chicago office recently discussed an amendment to the Illinois Biometric Information Privacy Act. At that time, the Illinois House and Senate had passed an amendment to Illinois Biometric Information...more

Amundsen Davis LLC

Illinois Amends BIPA To Limit Violations And Recovery Under The Act

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On August 2, 2024, Governor Pritzker signed Senate Bill 2979 (“SB 2979”) into law, making significant changes to the Illinois Biometric Information Privacy Act (“BIPA”). By way of background, BIPA requires private employers...more

Sheppard Mullin Richter & Hampton LLP

It’s Official – BIPA’s “Per-Scan” Damages Are Out; Electronic Signatures Are In

If you heard a collective sigh of relief last week, it was probably businesses reacting as Illinois Governor Pritzker finally signed Senate Bill 2979, officially reforming BIPA for the first time since 2008. As a reminder, SB...more

Constangy, Brooks, Smith & Prophete, LLP

BIPA’s new boundaries: A closer look at the pending BIPA Amendment and what that means for your business

The Illinois Biometric Information Privacy Act has become a hot topic within recent months, due largely in part to massive payouts in the courts and new proposed legislation to modify the law. Earlier this year, state Sen....more

Sheppard Mullin Richter & Hampton LLP

BIPA Reform Watch – Illinois Legislature Eliminates “Per-Scan” Damages

For the first time since 2008, BIPA reform is in the air. On May 16, 2024, the Illinois House of Representatives overwhelmingly approved Senate Bill 2979, which paves the way for final passage to Governor J.B. Pritzker’s...more

International Lawyers Network

Data Privacy Guide - USA - Illinois

Introduction - Illinois has enacted laws addressing rights and obligations related to data privacy. Companies and organizations that handle, collect, disseminate, or otherwise deal in nonpublic information have a number of...more

Jenner & Block

Client Alert: The Illinois State Courts Strike Back: The Future of BIPA Litigation After Visual Pak

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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

ArentFox Schiff

ArentFox Schiff's 2023 Class Action Year in Review

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ArentFox Schiff's annual review of significant developments and trends that shaped class action litigation in 2023 has major implications for companies across the country. From labor and employment disputes to landmark...more

Troutman Pepper

Illinois Supreme Court Rules That Health Care Worker Finger Scans Are Exempt From BIPA

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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

McDermott Will & Emery

Illinois Supreme Court: Finger-Scan Information Collected by Healthcare Providers to Access Medications Is Exempt From BIPA...

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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

McDermott Will & Emery

Illinois Supreme Court Denies Rehearing of BIPA Claim Accrual Ruling

McDermott Will & Emery on

On July 18, 2023, the Illinois Supreme Court denied a petition for rehearing in Cothron v. White Castle System, Inc., 2023 IL 128004. The denial comes five months after the Illinois Supreme Court ruled that claims accrue...more

Perkins Coie

Every Scan You Make: The Illinois Supreme Court Rules BIPA Claims Accrue With Each Biometric Data Collection or Disclosure

Perkins Coie on

The Illinois Supreme Court recently opened the floodgates for class actions under the Illinois Biometric Information Privacy Act (BIPA) and created potentially catastrophic exposure for Illinois businesses. In a close 4-3...more

Sheppard Mullin Richter & Hampton LLP

Illinois High Court Allows Biometric Privacy Claims to Go Back Five Years

A plaintiff has her fingerprints forever. But she doesn’t have forever to file a lawsuit for improper retention, deletion, collection, or use of her fingerprints. For years, Illinois courts have been perplexed on what statute...more

McDermott Will & Emery

BIPA Broader, Plaintiffs Bolder after Latest Defense Setback at Illinois’ Highest Court

On February 2, 2023, the Illinois Supreme Court held that all causes of action brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq., are subject to a five-year statute of limitations....more

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