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Personally Identifiable Information Employer Liability Issues

Miller Nash LLP

From Fingerprints to Facial Recognition: Employer Responsibilities for Biometric Data

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Companies’ use of their customers’ biometric data has been increasing for a couple of decades. Numerous state and federal laws regulate how consumer biometric data can be stored and used and require notices to consumers about...more

Littler

Damage Control: Illinois Enacts Amendment to the State’s High Risk Biometric Information Privacy Act

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On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The...more

Robinson+Cole Data Privacy + Security Insider

Marriott Faces Class Action for Alleged Violation of Illinois Biometrics Law

Last week Marriott Hotel Services was hit with a class action lawsuit for alleged violations of the Illinois’ Biometrics Information Privacy Act (BIPA). The lawsuit alleges that the hotel violated BIPA by requiring workers to...more

Epstein Becker & Green

Deyerler v. HireVue Expands Biometric Privacy Law to AI Video Interview Platform

A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.  In...more

Seyfarth Shaw LLP

Wellness Apps and Privacy

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Employers looking to enhance their suite of employee benefit programs, and focused on lessons learned during the pandemic on wellbeing, are interested in providing greater access to wellness tools. And, the vendors who...more

Epstein Becker & Green

Health Care Workers Engaged in Treatment, Payment, or Operations Excluded by BIPA

Epstein Becker & Green on

As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use...more

Epstein Becker & Green

BIPA Excludes Health Care Workers Engaged in Treatment, Payment, or Operations

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As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use...more

Littler

With a Key Deadline Fast Approaching, Now Is the Time to Address the New and Complex Requirements for Data Transfers Outside of...

Littler on

U.S.-based multinationals with employees in the People’s Republic of China (PRC) are confronting a November 30 deadline to implement China’s new cross-border data transfer mechanism—the Standard Contract.  This implementation...more

Amundsen Davis LLC

[Webinar] Ninth Annual Labor & Employment Fall Seminar - September 13th, 12:00 pm - 4:00 pm CT

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Join us Wednesday, September 13 at noon for our Ninth Annual Labor & Employment Fall Seminar. This year’s event will be livestreamed from our Chicago office. Our attorneys will discuss the latest employment law updates...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

Segal McCambridge

District Court Confirms That Damages Are Discretionary Under Illinois’ Biometric Statute

Segal McCambridge on

On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more

Fisher Phillips

California Employers Beware: Your 5-Step Plan as Attorney General Announces CCPA Investigative Sweep

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California employers, beware: the state’s top prosecutor just announced his office is conducting an investigative sweep of whether and how large California employers have complied with data privacy and consumer protection...more

Robinson+Cole Data Privacy + Security Insider

BNSF Awarded New Trial for BIPA $228M Award

BNSF Railway, previously hit with a $228 million jury award for violating the Illinois Biometric Information Privacy Act (BIPA) when collecting fingerprints of employees, was recently awarded a new trial to determine damages....more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from June 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Polsinelli

11th Circuit Data Breach Decision Highlights Employer Obligations to Protect Employee Personal Identifiable Information From Third...

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Earlier this month, the United States Court of Appeals for the Eleventh Circuit issued a decision restricting employers’ abilities to fight off putative class action claims regarding data breach and cyberattacks on employee...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

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

Franczek P.C.

Employers With Broad Management Rights Under a CBA Spared From Some BIPA Litigation

Franczek P.C. on

In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 3, March 2023

Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics - “Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more

Shook, Hardy & Bacon L.L.P.

BIPA After Tims and White Castle: Now What?

As you likely heard, in two recent rulings, the Illinois Supreme Court finally addressed important statute-of-limitations issues. In Tims v. Black Horse Carriers, the Supreme Court ruled that a five-year statute of...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

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

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

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