News & Analysis as of

Data Privacy Injury-in-Fact Article III

Kilpatrick

Spirit Airlines defeats wiretapping and invasion of privacy class action for failure to plead concrete harm sufficient to satisfy...

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The Western District of Pennsylvania recently granted Spirit Airlines, Inc. (“Spirit Airlines”)’s Rule 12(b)(1) motion to dismiss a class action brought by a putative class of plaintiffs who visited Spirit Airlines’ website...more

Epiq

Supreme Court Raises Standing Requirements for Data Breach Class Actions

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With all the focus on data privacy, it is no surprise that courts are weighing in on this topic so that consumers can have more guidance about their legal options and organizations can tailor their breach response plans. On...more

Fisher Phillips

One Employee’s Accidental Email Leads To A Significant Data Breach Ruling in Federal Appeals Court

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A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...more

Faegre Drinker Biddle & Reath LLP

The Eleventh Circuit Finds that Potential Future Misuse of Personal Information Does Not Confer Article III Standing in Data...

On February 4, 2021, the Eleventh Circuit Court of Appeals issued a critical opinion addressing Article III standing in private data breach actions, which has been the subject of a closely watched circuit split. The case,...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - February 2021 #3

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CYBERSECURITY - Health and Personal Information of N.C. Residents Posted Online by Ransomware Group - Becker’s Health IT reports that two batches of sensitive information of Chatham County, N.C. residents have been posted...more

Kilpatrick

BIPA class actions: Seventh Circuit endorses pleading strategy calculated to avoid removal to federal court

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Takeaway: As Judge Diane Wood of the Seventh Circuit recently observed in a putative class action alleging violations of Illinois’s Biometric Information Privacy Act (BIPA), “allegations matter” and “a plaintiff is the...more

Manatt, Phelps & Phillips, LLP

Retention of Biometric Data Beyond Stated Period Creates Article III Standing: Seventh Circuit

Alleged violations of privacy laws continue to bedevil the federal courts—in particular, with respect to determining whether an alleged violation creates a sufficiently concrete and redressable grievance to permit the federal...more

Blank Rome LLP

Designing a BIPA Defense: Using Preemption and Arbitration to Defeat Biometric Class Actions

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Since the Illinois Supreme Court issued its seminal decision in Rosenbach v. Six Flags Entertainment Corp. in the beginning of 2019, companies using fingerprint scanners and other biometric technologies have faced a...more

Proskauer - Law and the Workplace

Seventh Circuit Clarifies Scope of Article III Standing Under Illinois BIPA

On November 17, 2020, the Seventh Circuit held that allegations that a defendant violated Section 15(a) of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq.—which requires an employer that...more

Knobbe Martens

Data Breach: No Injury-in-Fact, Case Dismissed

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It well known that there are, unfortunately, many data breaches that frequently put private citizens’ data privacy in jeopardy. States have passed a variety of statutes aimed at addressing this problem in an attempt to...more

Franczek P.C.

Seventh Circuit Says Employers Can Be Sued in Federal Court for BIPA Violations

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In what some are calling a “bombshell” decision, the 7th Circuit Court of Appeals recently held in Bryant v. Compass Group USA, Inc. that federal courts can now hear cases involving alleged violations of the Illinois...more

Blank Rome LLP

Companies Using Biometrics Have Hope Despite Recent Court Rulings

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The rapid adoption of biometric technology—designed to measure unique human biological characteristics, like fingerprints, voiceprints, and hand or face scans—has led to a surge of consumer class actions alleging violations...more

Proskauer - New Media & Technology

Finding Article III Standing, Ninth Circuit Declines to Do an About-Face in Illinois Biometric Privacy Class Action against...

In an important opinion, the Ninth Circuit affirmed a lower court’s ruling that plaintiffs in the ongoing Facebook biometric privacy class action have alleged a concrete injury-in-fact to confer Article III standing and that...more

Polsinelli

Lawsuit Under Biometric Law Does Not Require Harm

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In a unanimous decision, the Illinois Supreme Court found that a Six Flags pass holder had a valid claim as an “aggrieved person” under the Illinois Biometric Privacy Act of 2008 (“BIPA”), hence having the right to bring an...more

Orrick, Herrington & Sutcliffe LLP

Roller Coaster Start to the New Year for Biometrics: Rosenbach v. Six Flags and Emerging Biometric Laws

A recent decision from the Supreme Court of Illinois heightens the risks faced by companies collecting biometric information by holding that an individual who is the subject of a violation of Illinois’ Biometric Information...more

Sands Anderson PC

Supreme Court of Illinois Expands Grounds for Standing in Privacy Suits

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As the number and scale of cases involving the theft or loss of personal information grows, so does the number of plaintiffs filing suit as a result. One of the most difficult hurdles for these plaintiffs to clear is the...more

Carlton Fields

Illinois Supreme Court Finds No Actual Harm Needed to Sue Under State’s Biometric Privacy Statute

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The Illinois’ Biometric Information Privacy Act (740 ILCS 14/1 et seq.) (BIPA) requires that companies obtain written consent and disclose how they collect, retain, disclose and destroy biometric identifiers such as retina or...more

McDermott Will & Emery

Biometric Privacy Update – Actual Harm Not Required

Since the passage of the Illinois Biometric Information Privacy Act (BIPA) in 2008, it has been used by plaintiffs’ attorneys to sue companies that use biometric identification technologies. Many BIPA cases have failed...more

Fisher Phillips

Illinois Supreme Court Ruling: Biometric Privacy Law Only Requires Violation, Not Actual Harm

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On January 25, 2019, the Illinois State Supreme Court ruled that the state’s Biometric Information Privacy Act (BIPA) only requires individuals to show violation of the law to bring suit. Businesses with a presence in...more

Bradley Arant Boult Cummings LLP

Illinois Supreme Court Adopts Expansive Interpretation of Standing under Illinois BIPA, Potentially Opening the Flood Gates for...

In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is...more

Sheppard Mullin Richter & Hampton LLP

Actual Injury Unnecessary to Sue Under Illinois Biometric Law

The Illinois Supreme Court recently handed down its much-anticipated decision in Rosenbach v. Six Flags Entertainment Corporation et al., clarifying what makes someone “aggrieved” and able to bring a claim under the Illinois...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - January 2019 #5

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I was a speaker at a recent conference of municipalities in a state last week, and during my presentation, I mentioned the various cyber-attacks that have affected cities, towns and educational departments in the U.S....more

Proskauer - New Media & Technology

In Federal Court, Article III Standing Remains a Defense to Illinois Biometric Privacy Claims

Last Friday, the Illinois Supreme Court ruled in the long-awaited Rosenbach case that an individual does not have to plead an actual injury or harm, apart from the statutory violation itself, in order to have statutory...more

Carlton Fields

No Actual Harm Needed to Sue Under BIPA: Illinois Supreme Court Finds Statutory Violation Sufficient

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The Illinois Supreme Court has issued its highly anticipated decision involving the Illinois Biometric Information Privacy Act (740 ILCS 14/1 et seq.) (BIPA), which requires that companies obtain written consent and disclose...more

Shook, Hardy & Bacon L.L.P.

Rosenbach Is The Beginning, Not The End, Of BIPA Litigation

The Illinois Supreme Court’s decision last week in Rosenbach v. Six Flags may have closed the first of what will be several chapters in class action litigation arising from the Illinois Biometric Information Privacy Act...more

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