News & Analysis as of

Fingerprints

Washington's New Biometric Privacy Statute and How It Compares to Illinois and Texas Law

by Alston & Bird on

Washington recently became the third state to pass a statute regulating the commercial use of biometric identifiers. The growing trend of state biometric privacy legislation began in 2008, when Illinois enacted the Bio-metric...more

Developments With the Biometric Information Privacy Act

by McGuireWoods LLP on

Illinois’ stringent Biometric Information Privacy Act (BIPA) has spawned a slew of recent single-plaintiff and class actions with large potential damages. Increasingly, employers use biometric data for timekeeping, security,...more

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

Collecting Fingerprints or Other Biometric Information without Consent Could Be Costly

by Freeborn & Peters LLP on

If you are an employer or other entity that is using the biometric information of your employees, customers or others, such as fingerprint or retina scans, for purposes such as timekeeping, computer login, or customer...more

Employee Fingerprinting and the Illinois Biometric Information Privacy Act: Class Action Suits Filed

by Franczek Radelet P.C. on

On September 29, 2017, a group of employees at Peacock Foods filed a class action lawsuit claiming that the company’s collection of employee fingerprints for time-tracking purposes violated the Illinois Biometric Information...more

Illinois Employer Faces Class Action For Using Fingerprints To Track Attendance

by SmithAmundsen LLC on

Technology allowing employers to use biometric data tools to track attendance and maintain worksite security abounds. Purveyors hype the advanced technology’s ability to accurately validate time entries, eliminate fraud, and...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

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

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

A New Employment Law Frontier: Illinois' Biometric Information Privacy Act

by Holland & Knight LLP on

An emerging area of the law has become the focal point in a new class action lawsuit pending in the U.S. District Court for the Northern District of Illinois. In Baron v. Roundy's Supermarkets, Inc., et al. (No....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

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

Illinois Biometric Privacy Suit over Collection of Fingerprints Settled

Earlier this month, an Illinois state court approved a $1.5 million settlement in a class action against L.A. Tan Enterprises, Inc., operator (directly and through franchisees) of L.A. Tan tanning salons. The settlement...more

Tanning Salon to Pay $1.5 Million for Violations of Illinois Biometric Law

L.A. Tan, a tanning salon chain, will pay $1.5 million to settle violations of the Illinois Biometric Information Privacy Act (BIPA) by obtaining customer fingerprints without their consent and failing to properly inform them...more

Don’t Get Caught By Surprise: NMLS Adds New Requirements in Connection with Renewal

If a company is keeping its Nationwide Multistate Licensing System (NMLS) record current, the renewal season should be a relatively painless exercise in fee collection. However, in addition to the normal renewal housekeeping...more

Safe or Good? We All Have Choices to Make

I planned to write about the inspired, better-than-sliced-bread security option of using fingerprint authentication to protect our mobile devices. That imploded. In 2014, and earlier this year, courts in Virginia and...more

There’s No Longer an “App for That” in Austin: Lyft and Uber Pull Out Over Driver Fingerprinting Requirements

Rideshare companies Lyft and Uber announced on May 9 that they were no longer offering their services in Austin, Texas, after voters there rejected a proposed ordinance that would have eliminated fingerprint-based background...more

Lyft, Uber Withdraw From Austin After Defeat at the Ballot Box

by Bryan Cave on

Lyft and Uber announced that they were shutting down operations in Austin following a disappointing defeat in a special election held Saturday, May 7, 2016. The election was held to vote on the TNC-sponsored Proposition 1,...more

Biometric fingerprinting technology to expand

Using our fingerprints to unlock our smartphones is pretty commonplace at this point. Sweden’s Fingerprint Cards (FPC), a business specializing in biometrics, says that fingerprint identification will become the fastest...more

The CFTC Announces Final Rule for Alternative to Fingerprinting for Foreign Natural Persons

On March 28, 2016, the U.S. Commodity Futures Trading Commission (CFTC) approved a final rule that will add an alternative method of CFTC registration for foreign natural persons. The CFTC will now accept a registered firm’s...more

Bridging the Week - April 2016

GAO Claims US Financial Services Regulation Still Complex and Fragmented - Last week, the US Government Accountability Office reported that US oversight of financial services entities and products has not meaningfully...more

What Employers Should Consider Before Switching to Fingerprint-based Time Clocks, Padlocks and Access Points

by Bryan Cave on

Several companies now offer time and attendance solutions that incorporate the use of fingerprint identification technology and purport to eliminate “buddy punching” for hourly employees. In addition to time and attendance...more

Fingerprint Identification Technology

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

CFTC Proposes Alternative to Fingerprinting Requirement for Foreign Individuals

The Commodity Futures Trading Commission has proposed to amend Regulation 3.21 to provide an exemption for the fingerprinting requirements for an individual who is a principal or associated person of a registrant, if such...more

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Cybersecurity

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