News & Analysis as of

Biometric Information

New Mexico becomes 48th state to enact a data breach law, plus US state-level updates

by DLA Piper on

An active spring state legislative session has already produced a few new state data breach laws. Notably, when New Mexico HB 15 was signed into law on April 6, the state became the 48th in the nation to have a data breach...more

Employers Take Note: Regulations on the Use of Biometric Data

by Fisher Phillips on

The use of biometric data is continuously increasing, including in the workplace. Biometric data may include facial characteristics, hand geometry, a retina/iris scan, a fingerprint or a voiceprint. Employers often collect...more

New Mexico Enacts Data Breach Notification Law

Governor Susana Martinez recently signed into law the New Mexico “Data Breach Notification Act” (the Act), making New Mexico the 48th state (plus Puerto Rico and the District of Columbia) to adopt legislation mandating the...more

Fingerprint Identification Technology: A How-To Guide

by Bryan Cave on

Fingerprint identification technology uses fingerprints to uniquely identify individuals. The technology has been used by law enforcement agencies for decades, and dozens of statutes regulate when government agencies may...more

New Mexico Becomes 48th State To Enact Data Breach Notification Law

by Dentons on

On April 6, 2017, New Mexico became the 48th state to enact a data breach notification law, leaving Alabama and South Dakota as the only two states without such a law. The New Mexico law goes into effect June 16, 2017....more

The Illinois Biometric Information Privacy Act: A Case Law Update on Standing and Facial-Recognition Technologies

by Alston & Bird on

In 2008, Illinois enacted the Biometric Information Privacy Act (BIPA), the first state statute to regulate businesses’ use of biometric identifiers and biometric information (BII). 740 Ill. Comp. Stat. Ann. 14/1, et seq....more

Facial Recognition Technology: A How-To Guide

by Bryan Cave on

Facial recognition technology uses algorithms that map facial features – such as the distance between a person’s eyes, or the width of a person’s nose – and compares those features to a database of known individuals....more

States Continue to Fill Gaps in Privacy Legislation: Illinois Biometric Law Gains Traction and Serves as Model for Other States

by Foley & Lardner LLP on

Enacted in 2008, Illinois’ Biometric Information Privacy Act (740 ILCS 14/1 or BIPA), generally requires companies to obtain a person’s consent before collecting, capturing, or purchasing a person’s “biometric identifier” or...more

Major League Baseball Wearable Tech Experiment Raises Athlete Privacy Issues

by King & Spalding on

On March 6, 2017, Major League Baseball (“MLB”) announced that it has officially approved a wearable biometric monitoring device (the “Device”) for in-game use by athletes. Created by WHOOP Inc. (“WHOOP”), the Device is the...more

MoFo Biometer, Volume 6, Issue 1

by Morrison & Foerster LLP on

2016 Biometer Shows Strength in Early and Late Stage Deals but Cracks Beneath the Surface - The 2016 BioMeter showed strength at both ends of the drug-development spectrum, with extremely strong results for ...more

These Foolish Things – The Oddest Employment Issues of the Past Year

by Littler on

Even outside the Capital Beltway, this has been a strange year. Those of us who handle labor and employment issues everyday often think we’ve seen it all—only to be proven wrong time and again. As April Fools’ Day approaches,...more

Could Wellness Programs Be Making Your Company “Sick?” The Potential Perils of Collecting Biometric Data About Employees

by Foley & Lardner LLP on

Wearable devices that track and record personal biometric data are hardly new to the technology scene. In addition to the now-commonplace electronic pedometers and heart rate monitors, there are portable and wearable devices...more

Court Gives Broad Reading to Illinois Biometric Privacy Act

by McGuireWoods LLP on

The Illinois Biometric Information Privacy Act (IBIPA) covers face geometry scans that are created from digital images, according to a preliminary ruling last month in a lawsuit against Google. Rivera v. Google Inc., No. 16 C...more

Trump EO Biometric Entry-Exit Section Raises Concerns of Lawmakers over Costs, Logistics

by Jackson Lewis P.C. on

Members of Congress from states bordering Canada, the Northern Border Caucus, have focused on a section of President Donald Trump’s “Protecting the Nation from Foreign Terrorist Entry into the United States” Executive Order...more

Court Refuses to Dismiss Biometric Privacy Action over Facial Recognition Technology Used by Google Photos

We’ve closely followed the numerous biometric privacy disputes and legislative developments surrounding the Illinois Biometric Information Privacy Act (BIPA), which precludes the unauthorized collection and storing of some...more

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more

Six Key Changes to the Common Rule

by Epstein Becker & Green on

On January 19, 2017, sixteen federal agencies, including the Departments of Health and Human Services and Labor, published the first revision to the federal regulations governing the protection of human subjects participating...more

Privacy Tip #73 – “Can you hear me?” Scam

This scam really makes me mad—especially for some of the most vulnerable in our society, including the elderly. This scam starts when your phone rings and the person on the other end says “Can you hear me?” Being the...more

Facial Recognition Gaming Software Tests Biometric Privacy Law

Does every product that takes a full face scan and saves it in accessible files violate the Illinois Biometric Information Privacy Act? Apparently not....more

Facial Scan Case Dismissed Under Illinois Biometrics Law

The developers of two NBA video games were successful this week in getting a putative class action alleging violations of the Illinois Biometrics law dismissed....more

Biometric Privacy Claims over Facial Recognition Feature in Videogame Dismissed for Lack of Concrete Harm

For the second time in the past six months, a district court has dismissed a lawsuit alleging procedural and technical violations of the Illinois biometric privacy statute for lack of Article III standing. In Vigil v....more

Seventh Circuit Declines To Address The EEOC’s Challenge To The Legality Of Employer’s Wellness Plan

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After an employee lost his employer-funded health insurance because he failed to complete a medical examination required by his employer, the EEOC sued the employer under the ADA’s ban on involuntary...more

2016 Data Breach Legislation Roundup: What to Know Going Forward

by Orrick - Trust Anchor on

States were busy updating their data breach notification statutes in 2016. With 2016 in the rear view, let’s take a look back at the legislative changes that will impact corporate incident response processes and what those...more

Privacy Tip #68 – Protecting Biometric Information

Breaches of our personal information through hacking of data bases is becoming all too common. A third of Americans’ personal information was compromised in healthcare breaches in 2015. We have become numb to the fact that...more

When Privacy Collides with Emerging Technologies

by Robins Kaplan LLP on

1997’s “Gattaca” has something of a cult following. The story is set in a futuristic society in which genetics determines destiny. The protagonist, of course, overcomes all obstacles through sheer will power, and by...more

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