News & Analysis as of

Fingerprints Employer Liability Issues Employee Privacy Rights

Sheppard Mullin Richter & Hampton LLP

ICO Has Concerns Over Facial Recognition Use

Earlier this month the UK privacy office put a stop to several related entities’ use of facial recognition technologies and fingerprint monitors for their employees. The UK Information Commissioner’s Office found that the...more

Littler

BIPA’s Devastating Effects on Illinois Businesses

Littler on

As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the...more

Locke Lord LLP

The Illinois Supreme Court Goes to White Castle…‎

Locke Lord LLP on

The Illinois Supreme Court started off 2023 answering two long-awaited and lingering questions about the reach and scope of the Biometric Information Privacy Act (“BIPA”). The Court’s decisions in Tims v. Black Horse Motor...more

Wyrick Robbins Yates & Ponton LLP

Working 9 to 5: What a Way to Rack Up BIPA Violations

February brought big changes to the Illinois Biometric Information Privacy Act (“BIPA”) litigation landscape. On the heels of a catastrophic 228 million dollar jury verdict against BNSF, the Illinois Supreme Court issued an...more

Neal, Gerber & Eisenberg LLP

Illinois Biometric Privacy Law Developments May Increase Risk to Businesses Generally But Protect Healthcare Employers from Suits

On Friday, February 17, the Illinois Supreme Court ruled that Biometric Information Privacy Act (BIPA) claims accrue each time a biometric identifier is unlawfully collected and disclosed rather than simply the first time....more

Franczek P.C.

Illinois Supreme Court Doubles Down on Liability for BIPA Claims

Franczek P.C. on

On Friday, February 17, 2023, the Illinois Supreme Court issued another blockbuster ruling interpreting the Biometric Information Privacy Act (“BIPA”). In a 4 to 3 decision, the Court in Cothorn v. White Castle Systems held...more

Polsinelli

Divided Illinois Supreme Court Holds that BIPA Claims Accrue with Each Scan, Potentially Opening the Door to Massive Damages...

Polsinelli on

In a recent 4-3 decision, the Illinois Supreme Court held that claims under sections 15(b) and 15(d) of Illinois’ Biometric Information Privacy Act (BIPA) accrue each time a private entity collects a biometric identifier...more

FordHarrison

The Clear and Present Danger of Not Complying with Biometric Privacy Laws

FordHarrison on

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

Stokes Wagner

Developments in Biometric Technology

Stokes Wagner on

Employers who use biometric technology in the workplace should be aware of the developing trend towards legislation targeting the misuse of biometric information. Biometric technology, which is used to identify individuals by...more

Robinson+Cole Data Privacy + Security Insider

Keep Biometric Information Laws on the Radar for Compliance

Ever since the enactment of the Illinois Biometric Information Privacy Act (BIPA), we have been watching the development of laws around the collection, use, disclosure and retention of biometric information....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

Robinson+Cole Data Privacy + Security Insider

Hotel Chain Hit with Class Action Alleging “Misuse” of Biometric Data

Hotel chain Fillmore Hospitality, LLC is the latest target of a proposed class action complaint filed this week, alleging violation of the Illinois Biometric Information Privacy Act (BIPA)....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

Robinson+Cole Data Privacy + Security Insider

Southwest Airlines Biometric Information Case Dismissed—Sent to Arbitration

We have been following litigation surrounding the Illinois Biometric Information Privacy Act (BIPA), and noting that many employers have been sued for using fingerprints for employees to clock into their jobs....more

Amundsen Davis LLC

More Technology, More Headaches For Employers

Amundsen Davis LLC on

Technology is great. I can use my smartphone to change a million TV channels without getting up (of course, there’s still nothing to watch until Game of Thrones returns). Employers, too, are reaping the benefits of...more

Bond Schoeneck & King PLLC

Issues to Consider When Using Biometric Scanners to Track Attendance

Many employers now track employee attendance by using biometric scanners that require an employee to clock in and out by scanning a fingerprint or a palmprint. Such scanners have largely replaced paper timesheets and have...more

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