Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
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While the authorities’ publications on AI have recently tended to be in the area of data protection (such as the EDPB, which we covered here and here), the European Commission has recently published its first set of [draft]...more
This monthly report outlines key developments in China’s data protection sector for April....more
This alert highlights the key aspects of prohibited practices under Article 5 of the AI Act, identifies critical risks, offers actionable compliance insights and highlights enforcement mechanisms to ensure businesses remain...more
Two recent decisions by Québec’s data protection authority, the Commission d’accès à l’information (the “CAI”), should serve as cautionary tales for any business contemplating the deployment of biometric information...more
The enactment of biometric privacy laws is a growing trend across the country. Existing legislation has led to a boon of class action litigation against employers, consumer-facing businesses, and technology companies for...more
The first binding obligations of the European Union’s landmark AI legislation, the EU AI Act (the Act), came into effect on February 2, 2025. Essentially, from this date, AI practices which present an unacceptable level of...more
As we become more accustomed to using our faces or fingerprints to unlock devices in our everyday life, it’s not surprising that employers in Hong Kong are considering using biometric systems in the workplace. However,...more
Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general (State AGs) across the...more
This week, the Federal Trade Commission (FTC) issued a proposed consent order to settle allegations against IntelliVision Technologies Corp. (IntelliVision) for making false, misleading, and unsubstantiated claims that its...more
“Ethically challenging” and “the most intrusive option” – these are some of the words Australia’s Privacy Commissioner used to describe facial recognition technology (FRT), and its use by national hardware retailer Bunnings....more
Under the Trump administration, the real estate sector will likely face new circumstances defined by deregulation, leadership changes and tax reforms. While reduced compliance costs and regulatory burdens might pose...more
In June, the U.S. Court of Appeals for the Ninth Circuit affirmed a social media company’s summary judgment win on BIPA claims, in a sophisticated ruling providing a plausible path forward for technology companies and others...more
With the United States preparing to host the 2026 FIFA World Cup, the 2028 Summer Olympics in Los Angeles and the 2034 Winter Olympics in Salt Lake City, the race is on for venues, individual states and the federal government...more
An Illinois federal judge has denied Meta's attempt to dismiss a biometric privacy class action involving its Messenger and Messenger Kids apps. The plaintiffs, a group of parents and children, allege that Meta unlawfully...more
Companies’ use of their customers’ biometric data has been increasing for a couple of decades. Numerous state and federal laws regulate how consumer biometric data can be stored and used and require notices to consumers about...more
On July 30, 2024, a Texas state court issued an Order finalizing the largest-ever biometrics settlement, between the Texas Attorney General and Meta for a staggering $1.4 billion. The settlement resolves a longstanding civil...more
Illinois employers will no longer face astronomical damages — into the millions or even hundreds of millions of dollars at issue in recent class action lawsuits — for violations of the Biometric Information Protection Act...more
An amendment to Illinois’ biometric privacy law, the Illinois Biometric Information Privacy Act (“BIPA”) has finally become law. And, this amendment implements major changes to how damages accrue under BIPA....more
The amendments clarify that a plaintiff is only entitled to liquidated damages for up to one violation per person. Businesses had previously faced steep settlements or damage awards into the billions of dollars....more
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
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
On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The...more
Recently, Texas Attorney General (AG) Ken Paxton announced the launch of a Texas data privacy and security law enforcement initiative by establishing a new unit focusing on Texas’ privacy laws. The AG’s Office made the...more
The State of Texas and Meta Platforms Inc. (“Meta”) have agreed to a $1.4 billion settlement, to be paid out over five years, to resolve claims relating to Meta’s alleged use of facial recognition technology without user...more