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Data Privacy IL Supreme Court Biometric Information

King & Spalding

Illinois BIPA Reform Takes Effect

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The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more

Ballard Spahr LLP

BIPA Amendment Enacted

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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

Seyfarth Shaw LLP

BIPA LEGISLATIVE UPDATE: Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery

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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

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

Benesch

Illinois Lawmakers Moving Forward with Bill to Cap Penalties for “Per Scan” Violations under BIPA

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Last April, the Supreme Court of Illinois found that a claim under the Biometric Information Privacy Act (“BIPA”) accrues each time a private entity collects or disseminates a biometric identifier or biometric information. ...more

Seyfarth Shaw LLP

Illinois BIPA Legislative Update Regarding Damages

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We are writing to inform you of significant legislative developments regarding the Illinois Biometric Information Privacy Act (BIPA) that may impact your operations in Illinois....more

ArentFox Schiff

Class Action Year in Review: Biometric Privacy

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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

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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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

Morgan Lewis - Health Law Scan

Illinois Supreme Court Holds Healthcare Employee Fingerprint Data Exempt from BIPA

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

Troutman Pepper

Illinois Court Eliminates Another BIPA Defense

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This summer, the U.S. District Court for the Southern District of Illinois further bolstered Illinois’ Biometric Information Privacy Act’s (BIPA) nearly unfettered private right of action in Lewis v. Maverick Transportation....more

Shook, Hardy & Bacon L.L.P.

Biometric Litigation

There have been a series of unfavorable Biometric Information Privacy Act (BIPA) opinions for defendants in the Illinois Supreme Court. But that streak may be changing. Shook Biometric Privacy Practice Chair Matt Wolfe along...more

Fox Rothschild LLP

The Illinois Supreme Court, BIPA Clarifications and What Employers Need to Know

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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

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

Illinois Supreme Court Declines to Reconsider Privacy Act Per-Scan Damages

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

Seyfarth Shaw LLP

Illinois Supreme Court Upholds Per-Scan Damages for BIPA Claims

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Seyfarth Synopsis: In February 2023, the Illinois Supreme Court issued a landmark opinion in Cothron v. White Castle finding that claims under the Illinois Biometric Information Privacy Act (“BIPA”) accrue each time a private...more

Shook, Hardy & Bacon L.L.P.

New Year, Same BIPA

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

Akin Gump Strauss Hauer & Feld LLP

Illinois Supreme Court Opens the Door for Huge Damages Claims in BIPA Actions

The Illinois Supreme Court issued a pair of decisions related to the Illinois Biometric Information Privacy Act (BIPA) that continue to ratchet up compliance pressure on businesses. On February 17, 2023, the Illinois Supreme...more

Shook, Hardy & Bacon L.L.P.

Walton v. Roosevelt University: An Illinois Supreme Court BIPA Win

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

Katten Muchin Rosenman LLP

Privacy, Data and Cybersecurity Quick Clicks | Issue 3

Ever-Expanding BIPA Damages: Illinois Supreme Court Holds Each Collection or Dissemination of Biometric Data Constitutes a Separate Violation of BIPA - In an eagerly-awaited decision in Cothron v. White Castle System,...more

Shook, Hardy & Bacon L.L.P.

BIPA After Tims and White Castle: Now What?

As you likely heard, in two recent rulings, the Illinois Supreme Court finally addressed important statute-of-limitations issues. In Tims v. Black Horse Carriers, the Supreme Court ruled that a five-year statute of...more

Eversheds Sutherland (US) LLP

From bad to worse: Two Illinois Supreme Court decisions expand scope of potential damages under Biometric Information Privacy Act

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

Patterson Belknap Webb & Tyler LLP

Illinois Supreme Court Rules that BIPA Claims Accrue with Each Scan or Transmission

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

Dechert LLP

Dechert Cyber Bits - Issue 29

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The Proposed EU-U.S. Data Privacy Framework Faces Potential Obstacles - On February 14, 2023, the European Parliament Committee on Civil Liberties, Justice and Home Affairs (the “EP Committee”) released a draft opinion...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 2, February 2023

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

Mintz - Privacy & Cybersecurity Viewpoints

An Overview of Why Class Action Privacy Lawsuits May Have Just Gotten Bigger – Yet Again.

The Illinois Biometric Information Privacy Act (BIPA), enacted in 2008, was one of the first state laws to address commercial collection of biometric data. Biometric data includes an iris scan, a fingerprint, a voiceprint,...more

Wyrick Robbins Yates & Ponton LLP

Working 9 to 5: What a Way to Rack Up BIPA Violations

February brought big changes to the Illinois Biometric Information Privacy Act (“BIPA”) litigation landscape. On the heels of a catastrophic 228 million dollar jury verdict against BNSF, the Illinois Supreme Court issued an...more

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