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Fingerprints Data Privacy Private Right of Action

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

Woods Rogers

Biometric Privacy Trial Is a Milestone in Privacy Law

Woods Rogers on

Generally, biometric privacy laws seek to protect the unique attributes of human beings that could be leveraged to access sensitive information about them, such as fingerprints and the measurements utilized for facial...more

Levenfeld Pearlstein, LLC

Illinois Supreme Court to Decide Biometric Data Case with Far-Reaching Implications for Employers

Illinois’ Biometric Information Privacy Act (BIPA) continues to generate buzz and significant litigation. In 2020, ADP and Facebook each entered into multi-million dollar settlements to resolve claims that they violated the...more

Carlton Fields

New York City Creates Right to Sue Over Use of Biometric Data

Carlton Fields on

New York City’s new biometrics law, NYC Admin. Code §§ 22-1201–1205, went into effect in July 2021. The law creates a new private right of action for persons “aggrieved” by violations. Violations might arise from at least two...more

Goodwin

New York Proposes Consent For Collection Of Biometric Data, Backed By Private Right Of Action

Goodwin on

NEW YORK STATE LEGISLATURE PROPOSES BIOMETRIC PRIVACY ACT - On January 6, 2021, the New York state legislature proposed the Biometric Privacy Act (AB 27) to regulate the collection of biometric information by companies...more

Womble Bond Dickinson

States Gear Up to Limit Use of Biometrics and Biological Data

Womble Bond Dickinson on

This may be the year when the limitation of biometric capture goes national. Right now, companies using biometrics are driven by one state law, but others could soon join....more

Kelley Drye & Warren LLP

Proposed NY Biometric Privacy Act Would Allow Private Right of Action

New York may become the latest state to allow consumers to sue companies for improperly collecting, retaining or using certain biometric data. Earlier this week, a bipartisan slate of state legislators (17 Democrats, 7...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

Proposed Biometric Privacy Law with Private Right of Action Introduced in New York

A dedicated biometric privacy law has been introduced by legislators in the New York State Assembly. The bill, titled the Biometric Privacy Act, would apply to private entities that collect, capture, purchase, receive through...more

Ballard Spahr LLP

New York Proposes Biometric Privacy Bill With Private Right of Action

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On January 6, 2021, a bipartisan group of New York state lawmakers released a copy of Assembly Bill 27 (AB 27), the New York Biometric Privacy Act. If New York passes AB 27, it will join Illinois, Texas, and Washington as...more

BCLP

Biometric and Facial Recognition Lawsuits and Regulation “Face” National Expansion

BCLP on

The federal government is looking to put its finger on the pulse of biometric privacy with the proposed National Biometric Information Privacy Act of 2020 (S. 4400), introduced by United States Senators Bernie Sanders...more

Reveal

Why the Connection Between Biometric Data and eDiscovery Will Continue to Grow

Reveal on

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

Husch Blackwell LLP

Overview Of Recent Decisions Interpreting The Illinois Biometric Information Privacy Act

Husch Blackwell LLP on

Key Points- The Illinois Biometric Information Privacy Act (BIPA) is the most stringent privacy law in the country providing claimants with a private right of action without alleging actual injury....more

Seyfarth Shaw LLP

Newly Proposed Legislation To Restrict Biometric Privacy Class Actions In Illinois

Seyfarth Shaw LLP on

Seyfarth Synopsis: Although the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags may have upped the ante for employers facing litigation under the Illinois Biometric Information Privacy Act (“BIPA”)...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

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

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

Illinois Supreme Court Opens Floodgates for Biometric Lawsuits: Will the Business Community Lobby for Change?

The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court’s decision that technical violations of the Illinois Biometric Information Privacy Act (“BIPA” or “Act”) without “some...more

Fenwick & West LLP

Five Steps to Help Reduce Risk of Using Biometrics Following Illinois Supreme Court BIPA Ruling

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In a highly anticipated ruling, the Illinois Supreme Court on January 25, 2019, held that plaintiffs who violated the Illinois Biometric Information Privacy Act — which regulates the collection of biometric information such...more

Akin Gump Strauss Hauer & Feld LLP

Rosenbach v. Six Flags - Illinois Supreme Court Takes Expansive View of Statutory Standing Under the Biometric Information Privacy...

• On January 25, 2019, the Illinois Supreme Court issued a decision interpreting the Biometric Information Privacy Act (BIPA) in the Rosenbach v. Six Flags Entertainment Corp. appeal. The court ruled that a plaintiff does not...more

Fisher Phillips

Illinois Supreme Court Clears Path For More Biometric Data Privacy Lawsuits

Fisher Phillips on

The Illinois Supreme Court on January 25th, made it far easier for workers to bring suit against their employers for technical violations of the state’s biometric information privacy statute, putting employers on notice that...more

Vedder Price

BIPA ALERT: An Opening of the Litigation Floodgates?

Vedder Price on

No Actual Harm Necessary to Assert Biometric Privacy Claims in Illinois - On January 25th, the Illinois Supreme Court held that an individual does not need to allege actual harm in order to seek liquidated damages and...more

Moore & Van Allen PLLC

Illinois Supreme Court Rules on Biometric Privacy Case

Moore & Van Allen PLLC on

On January 25th, the Illinois Supreme Court unanimously held that actual harm was not a necessary component of proving a breach of the state’s Biometric Information Privacy Act. This ruling found that Stacy Rosenbach, the...more

Sheppard Mullin Richter & Hampton LLP

The Fight Over Standing Under the Biometric Information Privacy Act Continues in Illinois High Court

On November 20, 2018, the Illinois Supreme Court heard oral arguments in Rosenbach v. Six Flags Entertainment Corp. and Great America LLC to decide whether a technical violation of Illinois’ Biometric Information Privacy Act...more

Sheppard Mullin Richter & Hampton LLP

Actual Injury Required to Sue Under Illinois Biometric Information Privacy Act

In recent years, the use of biometrics in business has been growing. In the employment context, for example, some employers use biometric time clocks, which allow employees to “clock in” with a fingerprint or iris scan....more

Seyfarth Shaw LLP

Illinois’ BIPA statute – Finally Some Good News for Employers

Seyfarth Shaw LLP on

Seyfarth Synopsis: As the number of class action lawsuits alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”) has exploded in the last six months, defendants have been eagerly awaiting guidance...more

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