News & Analysis as of

Data Storage Biometric Information Privacy Act

K&L Gates LLP

Illinois Reigns In Excesses of Biometric Information Privacy Act: Form of Consent Expanded and Claims Limited

K&L Gates LLP on

New amendments to Illinois’s Biometric Information Privacy Act (BIPA) expand the ways in which consent may be obtained and reverse a critical holding in Cothron v. White Castle System, Inc., significantly reducing a company’s...more

Wiley Rein LLP

Violation-of-Law Exclusion Defeats Duty to Defend BIPA Lawsuit

Wiley Rein LLP on

The Appellate Court of Illinois, First District, applying Illinois law, has held that two general liability insurers do not owe a duty to defend an insured in a lawsuit alleging Biometric Information Privacy Act (BIPA)...more

Amundsen Davis LLC

Ready, Set, BIPA! Missouri Among States Considering Biometric Information Privacy Legislation

Amundsen Davis LLC on

Earlier this year, the Missouri legislature proposed its own Biometric Information Privacy Act (HB 1047), joining the growing list of states eager to enact and implement laws governing biometric data. Biometric data or...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Sheppard Mullin Richter & Hampton LLP

[Webinar] Data Beware! Defending Class Actions in the Privacy and Data-Sharing Space - June 13th, 10:00 am - 10:30 am PT

This presentation will discuss the recent surge in class actions challenging companies’ practices for collecting, sharing, and storing consumer data, including claims arising under the Illinois Biometric Information Privacy...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

Jackson Lewis P.C.

The RIPTA Data Breach May Provide Valuable Lessons About Data Collection and Retention

Jackson Lewis P.C. on

Efforts to secure systems and data from a cyberattack often focus on measures such as multifactor authentication (MFA), endpoint monitoring solutions, antivirus protections, and role-based access management controls, and for...more

Jackson Lewis P.C.

From Time Keeping to Dashcams, BIPA Litigation Continues

Jackson Lewis P.C. on

The use of smart dashcams and vehicle cameras, including those leveraging AI technology, may trigger the next wave of BIPA litigation, according to two cases filed in Illinois this week. Enacted in 2008, the Illinois...more

Morgan Lewis - Health Law Scan

Beware of Biometrics: Complying with Illinois’ Biometric Information Privacy Act

Biometrics are physical or behavioral human characteristics that can be used to digitally identify a person to grant access to systems, devices, or data. Examples of biometric identifiers are fingerprints, facial geometry...more

Husch Blackwell LLP

Applicable Statute of Limitations Defined Under the Illinois Biometric Information Privacy Act

Husch Blackwell LLP on

Husch Highlight- •The appropriate limitations period for a cause of action alleging violation of sections 15(a), (b) or (e) of the Illinois Biometric Information Privacy Act (BIPA) is the five-year statute of limitations...more

Bradley Arant Boult Cummings LLP

Don’t Run Prints: Illinois’s Biometric Privacy Law Used Against Employers

Does your company use fingerprinting or some facial recognition scanner as part of its clock-in, clock-out process? If your company has facilities or even some contacts with Illinois (and maybe other states in the future) you...more

ArentFox Schiff

Augmented Reality Makeup Tools Serve as Foundation for BIPA Class Actions

ArentFox Schiff on

BIPA, the frequently used basis for class action lawsuits in connection with facial recognition, fingerprint, and other technologies is once again serving as the basis for two recently filed suits. What to Know - Class...more

UB Greensfelder LLP

Illinois Federal Court Rules Apple May Be “In Possession” of Biometric Data Stored on User Devices

UB Greensfelder LLP on

Last week, a federal court in Illinois ruled that the Illinois Biometric Information Privacy Act (BIPA) (740 ILCS § 14/1 et seq.) can apply to companies that do not exclusively control consumers’ biometric data, denying an...more

Amundsen Davis LLC

Data Collection Class Actions On The Rise: Consider Your Privacy Compliance

Amundsen Davis LLC on

Technology is moving at the speed of light while we all continue to live in a largely virtual world where we interface with each other, online, everyday. Sprinkled in are continued concerns about how companies, large and...more

Fisher Phillips

The Legal Minefield Surrounding Biometrics In The Workplace

Fisher Phillips on

The use of biometric-enabled devices has become ubiquitous in the modern workplace. Biometric time clocks offer employers an accurate and reliable way to track employees’ hours, while increasing accountability. Biometric...more

Eversheds Sutherland (US) LLP

Implications of US laws on collection, storage, and use of biometric information

The past few years have seen dramatic innovations in biometric technology and an accompanying exponential growth in the size of the biometrics industry, in part due to the spread of Internet of Things (IoT), artificial...more

Bradley Arant Boult Cummings LLP

Technology at a Price: Risks With Using Biometric Scanning in the Workplace - Labor & Employment Newsletter

Parents who took their children to Disney World in recent years may have been surprised when Disney “cast members” asked the young princes and princesses to place a finger on a scanner before entering the parks. Biometric...more

Fisher Phillips

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

Fisher Phillips on

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

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

Proskauer - Law and the Workplace

Ill. Supreme Court: BIPA Plaintiffs Are Not Required to Show Actual Harm To Have Standing

On January 25, 2019, in a closely watched case, the Illinois Supreme Court ruled that a plaintiff need not allege or demonstrate actual harm to have standing to pursue a claim under the Illinois Biometric Information Privacy...more

Holland & Knight LLP

Illinois Supreme Court Expands Potential Liability Under Biometric Information Privacy Act

Holland & Knight LLP on

• The Illinois Supreme Court's recent decision in Rosenbach v. Six Flags Entertainment Corp. greatly expands potential liability for private entities with Illinois employees that fail to properly collect, store and use...more

Sheppard Mullin Richter & Hampton LLP

No Federal Court Standing for BIPA Violation Without Injury

US Cold Storage’s lawsuit under the Biometric Information Privacy Act was recently dismissed because, the court held, the violations of the law were merely technical. As a result, the plaintiff did not have sufficient...more

K&L Gates LLP

OnRisk: Biometric Insurance

K&L Gates LLP on

Issues of digital privacy are multi-faceted and extend far beyond the now-routine data breaches that make headlines. The digital collection, use, and storage of biometric information (fingerprints, retinal or iris scans,...more

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