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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
New York City, a global hub for business and technology, has taken a significant step in safeguarding the privacy of its residents with the introduction of the Biometric Identifier Information Law. This law, also known as...more
Does your business collect or use fingerprints? Do your building access points use retina, finger, or palm scans? Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more
On May 18, 2023, the Federal Trade Commission (FTC) issued a policy statement warning that the proliferation of technologies that use or claim to use biometric information may bring risks with regard to consumer privacy and...more
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
Since the Illinois Supreme Court’s Rosenbach decision holding that BIPA is actionable on the mere showing of statutory violations rather than actual harm, litigants and courts alike have been busy shaping BIPA case law. Here...more
Outside of Hollywood, employers have used biometrics to limit access to sensitive information and secure areas for a number of years. As costs of implementing the technology decreased and the technology became more...more
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
Biometric data is becoming increasingly pervasive in our daily lives—we use it to unlock smartphones, gain entry to entertainment venues, access secured locations, and record time and attendance on the job site....more
New data privacy and security concerns arise as multi-unit residential buildings implement new technologies to manage access, strengthen security, regulate compliance with internal policies and legal requirements, and improve...more
On September 17, 2021, the Illinois Appellate Court for the First Judicial District issued its highly anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563, ruling that the applicable statute of...more
New York City’s recently enacted biometric privacy law took effect July 9, 2021. While the law is vague as to exactly who must abide by certain subsections, it is undoubtedly consumer-focused. However, even if employers...more
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
Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more
With many employers embracing new technology to achieve efficiencies in the workplace, companies using increasingly popular biometric programs must take steps to ensure that the use of these systems does not violate the law...more
The increasingly popular use of biometric authentication technology by employers as a means of tracking employee data, including for timekeeping purposes, can create liability. Biometric data generally consists of an...more
Dear Littler: We are going to replace the punch-card timeclocks in our U.S. facilities with timeclocks that allow employees to “clock in” each day using their fingerprint. I’ve read about a flood of recently filed class...more
Every day it seems a new data security breach has occurred, a new “cyber hack” is in the news…making us run to our phones, computers, bank accounts, you name it, to see if we could be the “one” affected. As a result, more and...more
The rising tide of litigation under Illinois’s Biometric Information Privacy Act (BIPA) shows no sign of ebbing anytime soon. No industry is immune, and here’s what companies should consider if they’ve been named as a...more
Since June 1, 2017, over thirty class actions have been filed in Illinois alleging claims under the Illinois Biometric Information Privacy Act (“Illinois BIPA”), which regulates the use and retention of biometric information....more
Do any of your office systems involve fingerprint scans or facial recognition? If so, and if you have any Illinois business operations, you may soon become a target of the latest round of employment class actions....more
Employers in Illinois that are using biometric time clocks that use fingerprints or other biometric identifiers to identify particular employees need to be aware of the substantial compliance obligations imposed by the...more
Since November 2016, over thirty-five class action lawsuits have been brought under the Illinois Biometric Information Privacy Act (the Illinois “BIPA”) in Illinois state and federal courts. Under the Illinois BIPA (which was...more
Washington recently became the third state to pass a statute regulating the commercial use of biometric identifiers. The growing trend of state biometric privacy legislation began in 2008, when Illinois enacted the Bio-metric...more
While the privacy world is focused on the Equifax data breach, another development is taking place that could have a more lasting effect on privacy law. In the last month, plaintiffs’ lawyers in Illinois have filed over 20...more