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
6/13/2017
/ Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Privacy ,
Employer Liability Issues ,
Facial Recognition Technology ,
Fingerprints ,
Notice and Comment ,
Notice Requirements ,
Putative Class Actions ,
Supermarkets
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
3/3/2017
/ Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Facial Recognition Technology ,
Google ,
Information Technology ,
Motion to Dismiss ,
Photographs ,
Putative Class Actions ,
Social Media ,
Technology Sector
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
2/24/2017
/ Article III ,
Background Checks ,
Biometric Information ,
Biometric Information Privacy Act ,
Corporate Counsel ,
Data Collection ,
Data Privacy ,
Data Retention ,
Data Security ,
Facial Recognition Technology ,
Hiring & Firing ,
Job Applicants ,
Parental Consent ,
Personal Data ,
Popular ,
Prior Express Consent ,
Privacy Concerns ,
Proposed Legislation ,
Retail Market ,
Retailers ,
Software ,
Standing ,
Technology ,
Technology Sector
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
2/3/2017
/ Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Data Collection ,
Data Retention ,
Dismissals ,
Facial Recognition Technology ,
Software ,
Standing ,
Technology ,
Technology Sector ,
Video Games
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
In Yershov v. Gannett Satellite Information Network, Inc., a user of the free USA Today app alleged that each time he viewed a video clip, the app transmitted his mobile Android ID, GPS coordinates and identification of the...more
9/8/2016
/ Article III ,
Corporate Counsel ,
Data Collection ,
Injury-in-Fact ,
Mobile Apps ,
Motion to Dismiss ,
Personally Identifiable Information ,
Spokeo v Robins ,
Standing ,
Subject Matter Jurisdiction ,
Third-Party ,
VPPA
The District Court for the Northern District of California recently issued what could be a very significant decision on a number of important digital law issues. These include: the enforceability of “clickwrap” as compared...more
5/10/2016
/ Biometric Information ,
Biometric Information Privacy Act ,
Choice-of-Law ,
Clickwrap Agreements ,
Corporate Counsel ,
Data Collection ,
Enforceability ,
Facebook ,
Facial Recognition Technology ,
Shutterfly ,
Terms of Use
As discussed in a previous post on facial recognition technology, a putative class action has been filed against Facebook over the collection of “faceprints” for its online photo tagging function, Tag Suggestions. (See e.g.,...more
10/16/2015
/ Biometric Information ,
Biometric Information Privacy Act ,
Consent ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Databases ,
Facebook ,
Facial Recognition Technology ,
Injunctions ,
Motion to Dismiss ,
Personal Data ,
Photographs ,
Popular ,
Putative Class Actions ,
Shutterfly ,
Statutory Damages
On July 1st of this year, new amendments to the Children’s Online Privacy Protection Act Rule (COPPA Rule) came into effect, with perhaps the most pronounced changes being the expansion of COPPA to apply to geolocation...more