News & Analysis as of

Facial Recognition Technology Biometric Information

New Wave Of Biometric Privacy Class Actions: Could You Be A Target?

by Shook, Hardy & Bacon L.L.P. on

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

Hazards Ahead: Uptick In Biometric Privacy Laws Can Put Employers In Hot Seat

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A string of recent class action lawsuits regarding businesses’ use of employees’ biometric data should put employers on heightened alert regarding compliance with various state biometric privacy laws....more

Wow! Illinois Biometric Privacy Suits Proliferate

This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant...more

Illinois Biometric Case Against Shutterfly Survives

We have been following biometric cases in Illinois, including the case against Shutterfly. Late last week, an Illinois federal judge denied Shutterfly’s motion to dismiss the case against Shutterfly alleging that it violates...more

Update: Another Court Gives Broad Reading to Illinois Biometric Privacy Act

by McGuireWoods LLP on

Another court ruling this week concludes that the Illinois Biometric Information Privacy Act (IBIPA) covers face geometry scans that are created from digital images, again rejecting the argument that the statute should apply...more

Apple X’s Face ID Feature Places Spotlight on Facial Recognition Technology, Raising Numerous Mobile Privacy and Data Usage Issues

This week’s Apple X announcement was not more than a few hours old, and the questions began to come in. Apple’s introduction of Face ID facial recognition on its new phone – although already available in some form on several...more

Employers Increasingly Targets Of Illinois Biometric Information Privacy Act Lawsuits

by Jackson Lewis P.C. on

Although the Illinois Biometric Information Privacy Act has been the law in Illinois since 2008, in the past year, there have been at least 12 class actions filed against employers in Illinois state and federal courts seeking...more

Be Careful When Using Biometric Information

by Franczek Radelet P.C. on

While not strictly speaking a wage and hour issue, here is a heads-up to any employers that use timekeeping systems featuring biometric security, like a thumbprint or fingerprint scanner... ...more

French Data Protection Authority Approves Implementation of Biometric Authentication Tools in Banking Sector

by Jones Day on

On May 29, 2017, the French Data Protection Authority (Commission Nationale Informatique et Libertés, or "CNIL") announced that it had authorized nine banking institutions to implement, on an experimental basis,...more

Employees Assert Illinois Biometric Privacy Claims against Supermarket over Fingerprint Collection Practices

Even though Washington passed its own biometric privacy law last month (HB 1493), and other states are currently debating their own bills, Illinois’s Biometric Information Privacy Act (BIPA) is still the crux of biometric and...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

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

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

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

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

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

Blippar App: Introducing Facial-Recognition Software for your Smartphone

Blippar, an augmented reality app, recently released its facial-recognition software which allows users to scan faces with their smartphones. The Blippar app makes it possible for people to scan faces (from print, TV or in...more

Facebook calls Illinois Biometric Law Unconstitutional

In the ongoing saga of Facebook’s challenge of the Illinois Biometric Law, it declared last week that the Illinois law violates the United State Constitution. According to Facebook’s Answer in a suit filed against it in...more

The Future is Now

by Robins Kaplan LLP on

More than a decade ago Steve Spielberg’s Minority Report contemplated a future in which facial recognition would be ubiquitously used for targeted advertising. Now, a California court will decide whether to dismiss a...more

Uber Announces Use of Facial Recognition Technology for Passenger Safety

In an attempt to reduce fraud and boost passenger safety, Uber is implementing facial recognition technology beginning on September 30. Before starting a driving session, Uber drivers will now be asked to take a photo of...more

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Cybersecurity

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