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IL Supreme Court Fingerprints Personally Identifiable Information

Ballard Spahr LLP

BIPA Amendment Enacted

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On August 5, 2024, Illinois Governor J.B. Pritzker signed into law SB 2979, significantly amending the state’s Biometric Information Privacy Act (BIPA). This update represents a considerable decrease in the potential for...more

Seyfarth Shaw LLP

BIPA LEGISLATIVE UPDATE: Governor Pritzker Signs Amendment Limiting Damages To A Single Recovery

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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

McDermott Will & Emery

Illinois Supreme Court: Finger-Scan Information Collected by Healthcare Providers to Access Medications Is Exempt From BIPA...

McDermott Will & Emery on

On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more

Fox Rothschild LLP

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

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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

Pietragallo Gordon Alfano Bosick & Raspanti,...

BIPA Accrual Will Not Be Reconsidered By Illinois Supreme Court

On July 18, 2023, the Illinois Supreme Court denied a rehearing on the issue of Biometric Information Privacy Act (BIPA) accrual. The request for rehearing derived from an opinion by the 7th Circuit, Cothron v. White Castle...more

Shook, Hardy & Bacon L.L.P.

New Year, Same BIPA

Last Friday saw what has become an all too common sight in Springfield, Illinois—the end of another legislative session without Biometric Information Privacy Act (BIPA) reform. Going into the end of the session, hopes were...more

Shook, Hardy & Bacon L.L.P.

Walton v. Roosevelt University: An Illinois Supreme Court BIPA Win

Last week, the Illinois Supreme Court put an end to the streak of unfavorable Illinois Biometric Information Privacy Act (BIPA) opinions for defendants before that court. In Walton v. Roosevelt University, the...more

Sheppard Mullin Richter & Hampton LLP

Illinois Supreme Court Finds Federal Law Labor Preempts Union Members’ BIPA Claims

Can unionized employees sue their employers in court for violations of Illinois’ Biometric Information Privacy Act (BIPA)? In a rare victory for BIPA defendants, the Illinois Supreme Court unanimously ruled they cannot....more

Fenwick & West LLP

BIPA’s Per-Scan Damages May Create “Annihilative Liability”

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The Illinois Supreme Court recently clarified when a Biometric Information Privacy Act (BIPA) claim accrues: each time, and not just the first time, a person’s biometric information is collected without consent. BIPA requires...more

Patterson Belknap Webb & Tyler LLP

Illinois Supreme Court Rules that BIPA Claims Accrue with Each Scan or Transmission

Background - The Illinois Supreme Court recently issued a decision that could have wide-ranging implications for defendants and plaintiffs alike under the Illinois Biometric Information Privacy Act (BIPA). In response to a...more

Kilpatrick

Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage

Kilpatrick on

Attorneys Vita Zeltser and John Brigagliano discuss how the Illinois Supreme Court ruled that a company violates the Illinois Biometric Information Privacy Act (BIPA) each time the company scans a person’s biometric...more

Spilman Thomas & Battle, PLLC

Illinois Supreme Court and Biometric Privacy Cases – The Newest Developments and the Reach Well Beyond Illinois

Illinois has the strictest biometric privacy law in the country with the Biometric Information Privacy Act (“BIPA”). The BIPA requires employers who collect employees’ biometric data to follow a number of protocols. These...more

Sheppard Mullin Richter & Hampton LLP

Illinois High Court Rules “Per-Scan” Damages Can Be Awarded Under BIPA

February 2023 was a momentous month for Illinois’ Biometric Information Privacy Act (BIPA). Just two weeks after imposing a 5-year time limit for all BIPA claims, the Illinois Supreme Court resolved another pressing issue. In...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

Mintz - Privacy & Cybersecurity Viewpoints

Illinois Supreme Court’s Latest BIPA Ruling Increases Risk and Uncertainty as to the Scope of Damages Available Under the Statute

Since its adoption in 2008, the Illinois Biometric Information Privacy Act, (“BIPA”), 740 ILCS 14/1, et seq., has imposed severe penalties—$1,000 per negligent violation and $5,000 per intentional or reckless violation—for...more

WilmerHale

Illinois Supreme Court Finds that Biometric Information Privacy Act Claims Accrue with Each and Every Violation

WilmerHale on

On February 17, 2023, the Illinois Supreme Court held in a 4-3 split opinion that claims under the state’s Biometric Information Privacy Act (BIPA) accrue each time there is a biometric collection or transmission constituting...more

Proskauer - Law and the Workplace

Illinois Supreme Court Rules that BIPA Violations Accrue with Each Scan

On February 17, 2023, the Illinois Supreme Court ruled that claims under the Biometric Information Privacy Act (“BIPA”) may accrue with each biometric scan and not just on an individual’s first scan. Cothron v. White Castle...more

Levenfeld Pearlstein, LLC

Illinois Supreme Court Opens Door to Enormous Damages Awards for Violation of Biometric Privacy Law

Illinois employers that use biometric timeclocks (such as finger, face, hand, or retina scan timeclocks or entry devices) or collect other biometric information should take action immediately to confirm they are in compliance...more

Davis Wright Tremaine LLP

Recent Decisions Interpreting Illinois Biometrics Law Could Create "Ruinous Liability"

One can scarcely browse the internet without encountering a story on the use of Artificial Intelligence (AI) by businesses or websites. While recently most attention has focused on generative AI and the increasing use of chat...more

ArentFox Schiff

Illinois Supreme Court Holds That Every Unlawful Biometric Scan or Transmission is Separate BIPA Claim

ArentFox Schiff on

A split Illinois Supreme Court issued on Friday another long-awaited decision interpreting the Illinois Biometric Information Privacy Act (BIPA), holding that a separate BIPA violation occurs with each undisclosed and...more

Foley & Lardner LLP

BIPA Alert: Potential Billion Dollar Exposure for Companies Operating in Illinois under New Illinois Biometric Data Rulings

Foley & Lardner LLP on

In just the last two weeks, the Illinois Supreme Court dealt two significant blows would be defendants (i.e., employers and consumer-facing companies) under Illinois’ exacting Biometric Information Protection Act (BIPA). The...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

Roetzel & Andress

Illinois Supreme Court Expands Exposure to Penalties Under Illinois Biometric Information Privacy Act

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The Illinois Supreme Court issued its much-anticipated decision today in the Cothron v. White Castle case, which interpreted the Illinois Biometric Information Privacy Act (“BIPA”). The decision is likely to have far-reaching...more

Fisher Phillips

Illinois Supreme Court Opens Door for Massive Damage Awards in Biometric Cases: 5 Things Employers Need to Know

Fisher Phillips on

The Illinois Supreme Court just ensured that employers who don’t strictly comply with the state’s landmark biometric law could be on the hook for massive damage awards, a ruling that should cause you to immediately review...more

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