News & Analysis as of

Biometric Information Prior Express Consent Data Collection

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employer Alert: Texas Reaches $1.4B Settlement Over Allegations of Violation of Biometric Information Privacy Law

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

Dorsey & Whitney LLP

Looking Down the Road: Data Privacy Priorities in 2024

Dorsey & Whitney LLP on

2023 brought a surge of data privacy developments, with a large expansion of state comprehensive privacy laws, litigation of new claims based on older laws (e.g. wiretapping and VPPA cases), increased scrutiny on data...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DashCam Developer Insulated From BIPA Liability

On November 3, 2022, an Illinois circuit court judge dismissed a Biometric Information Privacy Act (Privacy Act or BIPA) putative class action against Samsara, Inc., a DashCam developer. DashCam is a safety technology for...more

Robinson+Cole Data Privacy + Security Insider

Biometric Privacy Class Action Against DAL Global Service will Proceed

DAL Global Services LLC , an aviation ground handling service provider, was hit with a proposed biometric privacy class action in April of this year in the U.S. District Court for the Northern District of Illinois. ...more

Littler

Illinois Legislature Considers a Bill Designed to Slow the Flood of Biometric Privacy Class Actions

Littler on

In the two years since the Illinois Supreme Court ruled that a failure to obtain written consent prior to collecting an individual’s biometric data is enough to maintain an action under the Illinois Biometric Information...more

Cooley LLP

Alert: FTC Requires App Developer to Obtain Users’ Express Consent for Use of Facial Recognition

Cooley LLP on

The Federal Trade Commission announced on January 11 that Everalbum, the developer of the photo storage application called Ever, settled allegations that it deceived users about its use of facial recognition technology and...more

Holland & Knight LLP

District Court Finds Biometrics Data Vendor May Be Liable for Illinois BIPA Violations

Holland & Knight LLP on

The U.S. District Court for the Northern District of Illinois held that Kronos Inc., a vendor of biometric time clocks that allow employees to sign in and out using a fingerprint or handprint, could be liable for violations...more

Littler

The Netherlands: Scan your employees, not their fingerprints

Littler on

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

Robinson+Cole Data Privacy + Security Insider

Biometric Suit Not Preempted by Workers’ Compensation Statute

An Illinois employee of Power Solutions International Inc. (Power Solutions) filed suit against his employer alleging violations of the Illinois Biometric Information Privacy Act (BIPA) when Power Solutions collected his...more

King & Spalding

Ninth Circuit Affirms Certification Of Biometric Privacy Class Action Against Facebook

King & Spalding on

On August 8, the Ninth Circuit issued a highly anticipated decision affirming the district court’s certification of a class of Facebook users who suffered alleged violations of the Illinois Biometric Information Privacy Act...more

Proskauer - New Media & Technology

New York City Considers Facial Recognition Bill — Will New York Be the Next Forum for Biometric Privacy Litigation?

In light of the recent decision by the Illinois Supreme Court in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186 (Ill. Jan. 25, 2019), it is worth remembering that late last year, New York City Council members...more

BCLP

Facial Recognition Technology

BCLP on

Facial recognition technology uses algorithms that map facial features – such as the distance between a person’s eyes, or the width of a person’s nose – and compares those features to a database of the algorithmic output of...more

Robinson+Cole Data Privacy + Security Insider

Another Employer in Illinois Hit With Class Action Over Biometrics

Companies doing business in Illinois should consider getting up to speed on the Illinois Biometric Information Privacy Act (BIPA)....more

Seyfarth Shaw LLP

BIPA: Plaintiff’s New Cash Cow

Seyfarth Shaw LLP on

Since its enactment a decade ago, the Illinois Biometric Information Privacy Act (BIPA) has seen a recent spike in attention from employees and consumers alike. This is due, in large part, to the technological advancements...more

Proskauer - New Media & Technology

Wave of Illinois Biometric Privacy Suits Continues Unabated

After noting the flood of Illinois biometric privacy suits in September, it appears that the flow of such suits remains robust. Dozens of suits have been filed in Illinois state court against Illinois-based employers and...more

Robinson+Cole Data Privacy + Security Insider

Airline Cargo Company Sued Under Illinois Biometric Law

Alliance Ground International is the latest company to be sued for allegedly violating the Illinois Biometric Information Privacy Act (BIPA) for collecting and storing its employees’ fingerprints without their consent....more

Seyfarth Shaw LLP

Hazards Ahead: Uptick In Biometric Privacy Laws Can Put Employers In Hot Seat

Seyfarth Shaw LLP on

Seyfarth Synopsis: A string of recent class action lawsuits regarding businesses’ use of employees’ biometric data should put employers on heightened alert regarding compliance with various state biometric privacy laws....more

Proskauer - New Media & Technology

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more

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