The Illinois Supreme Court recently opened the floodgates for class actions under the Illinois Biometric Information Privacy Act (BIPA) and created potentially catastrophic exposure for Illinois businesses. In a close 4-3...more
2/23/2023
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Disclosure ,
Employees ,
Employer Liability Issues ,
IL Supreme Court ,
Illinois ,
Insurance Industry ,
Policy Terms ,
Popular ,
Privacy Acts ,
State Privacy Laws
After a five-day trial and only an hour of deliberation, the nation’s first trial under the Illinois Biometric Information Privacy Act (BIPA) ended with a bang. The jury found that the defendant, BNSF Railway Company,...more
10/18/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Data Collection ,
Data Privacy ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Fingerprints ,
IL Supreme Court ,
Personally Identifiable Information ,
Summary Judgment ,
Written Consent
In the latest in a series of setbacks for employers facing claims under the Illinois Biometric Information Privacy Act (BIPA) (740 ILCS 14 et seq.), the Supreme Court of Illinois held last month that the Illinois Workers’...more
4/5/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
IL Supreme Court ,
Illinois ,
Notification Requirements ,
Privacy Laws ,
State and Local Government ,
Workers Compensation Act
Biometric data is becoming increasingly pervasive in our daily lives—we use it to unlock smartphones, gain entry to entertainment venues, access secured locations, and record time and attendance on the job site....more
3/2/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Security ,
Enforcement Actions ,
Facial Recognition Technology ,
Fingerprints ,
Personal Data ,
Personally Identifiable Information ,
State and Local Government ,
State Attorneys General ,
Texas
The nation’s latest biometric privacy law will go into effect in New York City this week.
What Is the Ordinance?
New York City’s new biometrics ordinance goes into effect today, Friday, July 9. The ordinance regulates...more
7/13/2021
/ Biometric Information ,
Compliance ,
Data Collection ,
Data Privacy ,
Exceptions ,
Local Ordinance ,
New Legislation ,
New York ,
Noncompliance ,
Penalties ,
Privacy Policy ,
State and Local Government
The deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois. Not surprisingly,...more
6/2/2021
/ Advertising Injury ,
Appeals ,
Biometric Information ,
Biometric Information Privacy Act ,
CAN-SPAM Act ,
Class Action ,
Commercial General Liability Policies ,
Corporate Counsel ,
IL Supreme Court ,
Insurance Industry ,
Policy Exclusions ,
Statute of Limitations ,
Statutory Damages ,
TCPA
The Federal Trade Commission (FTC) announced on January 11, 2021, that it had reached a settlement with Everalbum, Inc., the developer of a now-defunct photo storage app called “Ever.” The settlement is the FTC’s first...more
1/29/2021
/ Algorithms ,
Biometric Information ,
Data Collection ,
Enforcement Actions ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Heightened Scrutiny ,
Mobile Apps ,
Policy Violations ,
Regulatory Oversight ,
Risk Factors ,
Settlement
Portland, Oregon’s Facial Recognition Ordinance Goes Into Effect January 1, 2021
Companies that do business in Portland, Oregon may need to add one more item to their holiday to-do list: disable face recognition...more
In the last week, a new type of BIPA case has emerged that should be of interest to companies involved in using, improving, and developing facial recognition and other artificial intelligence (AI) using photos. Companies that...more
2/5/2020
/ Artificial Intelligence ,
Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Databases ,
Employer Liability Issues ,
Facial Recognition Technology ,
IBM ,
Law Enforcement ,
New Legislation ,
Putative Class Actions
Google emerged victorious in Rivera v. Google on December 29, 2018, obtaining a win in the long-running privacy class action involving technology that allows users of the Google Photos service to organize their photos by...more
1/3/2019
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Facial Recognition Technology ,
Google ,
Injury-in-Fact ,
Photographs ,
Standing ,
Subject Matter Jurisdiction