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Class Action Personal Data Data Privacy

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
DLA Piper

Australia: Long Awaited Australian Privacy Reform Comes to Fruition

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The Australian Government has today published a draft Bill outlining the next steps in Australia’s Privacy Act Review process.  The changes to be implemented by the Privacy and Other Legislation Amendment Bill 2024 include...more

DLA Piper

Europe/Germany: Right to Bring Collective Action for Violations of Information Obligations Under GDPR

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Summary - In its judgement of 11 July 2024 (C-757/22), the European Court of Justice (‘ECJ’) ruled that the violation of a controller’s information obligations under Art. 12 and 13 GDPR, can be subject to a representative...more

Bennett Jones LLP

Judicial Economy, Access to Justice and Certainty in the Law

Bennett Jones LLP on

The Supreme Court of Canada’s Denial of Leave to Appeal in the Intrusion Upon Seclusion Trilogy - On July 13, 2023, the Supreme Court of Canada denied leave to appeal from three Ontario Court of Appeal decisions declining...more

Clark Hill PLC

Right To Know - July 2024, Vol. 19

Clark Hill PLC on

Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Robinson+Cole Data Privacy + Security Insider

Marriott Faces Class Action for Alleged Violation of Illinois Biometrics Law

Last week Marriott Hotel Services was hit with a class action lawsuit for alleged violations of the Illinois’ Biometrics Information Privacy Act (BIPA). The lawsuit alleges that the hotel violated BIPA by requiring workers to...more

Seyfarth Shaw LLP

Illinois Legislative Update: BIPA Reform Bill Reducing Damages Approved by Illinois House, Awaiting Governor's Signature

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In a significant legislative development, the Illinois House of Representatives has overwhelmingly approved Senate Bill 2979, with a vote of 81 to 30, which amends the Illinois Biometric Information Privacy Act (BIPA) to...more

Locke Lord LLP

‎New Illinois GIPA Class Actions ‎Against Life Insurers ‎Bark up the Wrong Family ‎Tree‎

Locke Lord LLP on

A recent slate of class action lawsuits seeks to expand the scope of the Illinois Genetic Information Privacy Act’s (GIPA) prohibition against considering family medical history to life insurance companies. See e.g. Reynolds...more

Orrick, Herrington & Sutcliffe LLP

ID verification provider to pay $28.5 million to settle BIPA allegations

On May 5, the U.S. District Court for the Northern District of Illinois preliminarily approved an amended class action settlement in which an identification verification service provider agreed to pay $28.5 million to settle...more

Franczek P.C.

Employers With Broad Management Rights Under a CBA Spared From Some BIPA Litigation

Franczek P.C. on

In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 3, March 2023

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

Spilman Thomas & Battle, PLLC

It’s Not Just Illinois Anymore. Biometric Identifier Laws Increase Across US

Biometric identifiers are unique to every individual. They include your fingerprints, facial structure, and even how you walk. There is the Illinois Biometric Information Protection Act (“BIPA”), and biometric protection...more

Epiq

More Businesses Using Biometric Data Means More Regulation

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Biometric data continues to take up a massive amount of space in the digital universe. Fingerprints, facial scans, and voice recognition are staples of modern devices and are regularly integrated into business models....more

Franczek P.C.

Illinois Supreme Court Opens Door for More Actions Under BIPA

Franczek P.C. on

The Illinois Biometric Privacy Act (“BIPA”) has been a fertile source of class action litigation in recent years as courts continue to grapple with the scope of potential liability of employers and other entities who have...more

Robinson+Cole Data Privacy + Security Insider

Court Rules Apple’s Face-ID Does Not Violate BIPA

An Illinois appellate court has ruled that Apple’s biometric unlock features, including Touch ID fingerprint scanning and Face ID facial geometry scanning, do not violate the state’s Biometric Information Privacy Act (BIPA)....more

Stoel Rives - Global Privacy & Security Blog®

Class Action Suits Targeting Biometric Information Continue to Seek Large Payouts

To say that class action litigation regarding the use or collection of “biometric information” – such as fingerprints, face records, or voice records – is expensive would be a gross understatement.  The damages sought, and...more

K&L Gates LLP

Litigation Minute: Mitigating Class Action Risks Posed by Collecting and Storing Sensitive Data

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The collection and storage of sensitive data can not only invite the attention of government agencies, but also that of putative class action plaintiffs. Government inquiries,...more

Troutman Pepper

More Privacy, Please - May 2022

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Editor’s Note: Connecticut became the fifth state in the nation to successfully pass a comprehensive privacy bill (now awaiting its governor’s signature), following California, Colorado, Utah, and Virginia. Meanwhile,...more

Bennett Jones LLP

The Need to Prove Compensable Losses in Privacy Class Actions

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Recent developments in the privacy class actions space favour businesses facing ongoing risks in maintaining the privacy of individuals’ information collected for business use. While businesses must continue to adhere to...more

Jenner & Block

SMO v TikTok – Another UK Representative Action Survives, For Now

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A UK High Court decision of 8 March 2022 in the case of SMO v TikTok, Inc. and Others has attracted attention in the wake of the UK Supreme Court’s decision last year in Lloyd v Google. The Supreme Court’s decision put the...more

McDermott Will & Emery

Illinois Supreme Court Eliminates Defense to Biometric Privacy Class Actions

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

Robinson+Cole Data Privacy + Security Insider

Kronos Biometric Information Class Action Settlement Preliminarily Approved for $15.3M

Kronos, Inc., has agreed to (and a federal judge has preliminarily approved) a $15.3 million settlement to resolve claims that it violated the Illinois Biometric Information Privacy Act (BIPA) by collecting biometric...more

Robinson+Cole Data Privacy + Security Insider

Motion to Dismiss Denied in Class Action for Alleged Violations of Illinois Biometric Data Privacy Law

In a class action lawsuit filed in the U.S. District Court for the Northern District of Illinois, Clearview Al Inc. faces allegations that it uses facial recognition technology that violates the Illinois Biometric Information...more

FordHarrison

Illinois' Workers' Compensation Act Not a Bar to BIPA Claims

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For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for...more

Proskauer - Law and the Workplace

Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more

Stoel Rives - Global Privacy & Security Blog®

Illinois Court of Appeals: Statute of Limitations for Most Biometric Privacy Claims Remains at Five Years

In Illinois, the Biometric Information Privacy Act (“BIPA”) regulates the collection and use of “biometric information” such as fingerprints, facial images, and voice records.  It imposes significant penalties and has...more

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