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Appeals Biometric Information

Perkins Coie

“Biometric Identifiers Must Identify”: The Ninth Circuit Clarifies the Scope of BIPA

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The U.S. Court of Appeals for the Ninth Circuit issued an opinion in Zellmer v. Meta Platforms, Inc., on June 17, 2024, affirming dismissal of a putative class action filed under the Illinois Biometric Information Privacy...more

Perkins Coie

Seventh Circuit Ruling on Insurance Coverage for Biometric Privacy Class Actions Strays From Trend Protecting Policyholders

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In light of the continuing barrage of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), companies should be able to rely on their general liability (GL) insurers to defend and indemnify them from...more

Seyfarth Shaw LLP

Privacy In Focus: BIPA’s Current Landscape and the Crucial Role of Statutory Exemptions

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Throughout much of 2023, businesses found themselves in a challenging position as they continued to grapple with defending against Illinois Biometric Information Privacy (BIPA) class action lawsuits. The year began on a...more

Mintz - Privacy & Cybersecurity Viewpoints

The FTC Sets Its Sights on Biometric Information

Does your business collect or use fingerprints?  Do your building access points use retina, finger, or palm scans?  Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more

Laner Muchin, Ltd.

Illinois Supreme Court Rules a Five-Year Statute of Limitations Applies to BIPA Claims

Laner Muchin, Ltd. on

On February 2, 2023, the Illinois Supreme Court issued a long awaited ruling on Jorome Tims et al. v. Black Horse Carriers, Inc., No. 127801, a class action lawsuit alleging violation of the Illinois Biometric Information...more

Proskauer - Law and the Workplace

Ill. Supreme Court: All BIPA Claims Have a Five-Year Statute of Limitations

On February 2, 2023, the Illinois Supreme Court reversed in part the decision of an Illinois Appellate Court and held that all claims brought pursuant to Section 15 of the Illinois Biometric Information Privacy Act (“BIPA”),...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Rules Privacy Act Claims Have Five Year Statute of Limitations

On February 2, 2023, the Supreme Court of the State of Illinois ruled that all claims under Section 15 of the state’s Biometric Information Privacy Act (Privacy Act or BIPA) have a five year statute of limitations. The...more

Sheppard Mullin Richter & Hampton LLP

Illinois Appellate Court Weighs in on Biometric Data Policies

An Illinois state appellate court’s recent ruling will impact how companies consider compliance with Illinois’ Biometric Information Privacy Act (BIPA). That court ruled companies must have a BIPA-compliant written...more

Kohrman Jackson & Krantz LLP

Biometrics and AI in the Workplace: Boon or Bane?

Technology has brought efficiency into the workplace, but not without legal risk. Employers are increasingly tasking technology to assist with human resource functions, security, and workplace monitoring, all of which can...more

McDermott Will & Emery

Colorado Attorney General’s Office Issues Draft Colorado Privacy Act Regulations

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On September 30, 2022, the Colorado Attorney General’s Office (the AG’s Office) released draft regulations to the Colorado Privacy Act (the CPA). Before these proposed regulations take effect, however, there will be a lengthy...more

King & Spalding

Seventh Circuit, Illinois Appellate Court Consider When BIPA Claims Accrue

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In a pair of decisions issued in late December, both the Illinois Appellate Court and the Seventh Circuit Court of Appeals considered whether claims brought under the Illinois Biometric Information Privacy Act (“BIPA”) accrue...more

Sheppard Mullin Richter & Hampton LLP

Seventh Circuit Certifies Hotly-Contested BIPA Accrual Issue to Illinois Supreme Court

In a recent decision regarding an employee’s claims for violations of Illinois’ Biometric Information Privacy Act (“BIPA”), the United States Court of Appeals for the Seventh Circuit asked the Illinois Supreme Court to...more

King & Spalding

Illinois Appellate Court Clarifies the Statutes of Limitations Applicable to BIPA

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On September 17, 2021, in Tims v. Black Horse Carriers, Inc., the Illinois Appellate Court decided which of the state’s statutes of limitations applies to claims brought under the Illinois Biometric Privacy Act (“BIPA”). The...more

Blank Rome LLP

Illinois Appellate Court Clarifies Applicable Limitations Period in BIPA Class Action Litigation

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On September 17, 2021, the Illinois Appellate Court First District delivered its much-anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563 (1st Dist. Sep. 17, 2021), addressing the applicable...more

McDermott Will & Emery

Illinois Appellate Court Rules on BIPA Statute of Limitations

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On September 17, 2021, a panel of the Illinois Appellate Court for the First District issued a significant decision on the question of which statute of limitations apply to claims under the Illinois Biometric Information...more

Sheppard Mullin Richter & Hampton LLP

Illinois Appellate Court Affirms 5-Year Statute of Limitations Period for Certain BIPA Claims

Continuing the trend of recognizing Illinois’ Biometric Information Privacy Act (“BIPA”) as a muscular privacy-protective statute, the Illinois Appellate Court for the First District has ruled that the most common statutory...more

Seyfarth Shaw LLP

The Illinois Appellate Court Issues Key Ruling On Statute Of Limitations In BIPA Class Actions

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Seyfarth Synopsis: On September 17, 2021, the Illinois Appellate Court issued its highly-anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563 (1st Dist. Sept. 17, 2021), on whether a one-year...more

Perkins Coie

Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL Policies

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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

Pillsbury - Policyholder Pulse blog

The Duty to Defend a Privacy Claim Arises from Even Limited Publication of Biometric Identifiers

Do general liability policies provide coverage for limited disclosures of biometric data, such as fingerprints? The Illinois Supreme Court has concluded that they do. In a unanimous decision, the Illinois Supreme Court...more

White and Williams LLP

Increasing Exposure for Insurers and Employers as Courts Strike Workers’ Comp Bar to BIPA Claims

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Litigation under the Illinois Biometric Information Privacy Act (BIPA) has expanded tenfold. Although the statute was enacted 12 years ago, litigation under its private cause of action has spiked in more recent years partly...more

Reveal

Why the Connection Between Biometric Data and eDiscovery Will Continue to Grow

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Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 2, July 2020

The Editors' Note - Welcome to the second issue of Decoded, Spilman's e-newsletter focusing on technology law, including data security, privacy standards, financing technologies, and digital-based means of conducting...more

International Lawyers Network

Recent Updates In Personal Data Regulation In Russia

THE SUPREME COURT CONFIRMED THAT RUSSIAN USERS MAY FILE A LAWSUIT AGAINST AN AMERICAN SOCIAL NETWORK TO A RUSSIAN COURT - The Supreme Court of the Russian Federation reviewed a case initiated by a number of Internet users...more

Benesch

BIPA Wave: Three Reasons to Believe It Has Crested

Benesch on

Though the Illinois Biometric Information Privacy Act (“BIPA”) was passed in 2008, it remained fairly under-the-radar until about 2017, when it manifested in a growing wave of class action lawsuits largely centered on whether...more

Hinshaw & Culbertson - Insights for Insurers

Appellate Court Rules Insurers Have Duty to Defend Illinois Biometric Privacy Claim

An Illinois state appellate court recently ruled that a customer's biometric privacy class action claims against an insured tanning salon potentially fell within two insurer's personal injury coverage. See, West Bend Mutual...more

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