News & Analysis as of

Biometric Information Privacy Act

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #331 – ACLU Settles Facial Recognition Suit with Clearview AI

The American Civil Liberties Union (ACLU) filed suit against Clearview AI, Inc. (Clearview AI) in March 2020, alleging that it violated the Illinois Biometric Information Privacy Act (BIPA) by capturing and using billions of...more

Troutman Pepper

More Privacy, Please - May 2022

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Editor’s Note: Connecticut became the fifth state in the nation to successfully pass a comprehensive privacy bill (now awaiting its governor’s signature), following California, Colorado, Utah, and Virginia. Meanwhile,...more

Polsinelli

Facial Recognition: Clearview-ACLU Settlement Charts a New Path for BIPA and the First Amendment

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The closely watched privacy and First Amendment battle between Clearview AI (“Clearview”) and the American Civil Liberties Union (“ACLU”) came to a close on May 9, 2022 as the parties announced a settlement and proposed...more

Wiley Rein LLP

No Coverage for Claim Deemed Made After Policy Expired When Insured First Received Actual Notice of Lawsuit

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The United States District Court for the Northern District of Illinois, applying Illinois law, has held that a claim was deemed first made when the insured received actual, rather than constructive notice of the claim....more

Womble Bond Dickinson

Facial Recognition: A New Trend in State Regulation

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Ten years ago, the average person did not know what facial recognition was. Now, especially after its use in locating persons involved in the January 6, 2021, riots at the US Capitol, almost everyone knows its utility and...more

Farella Braun + Martel LLP

Illinois Courts Largely Favor Coverage for BIPA Cases Under CGL Policies

Since Illinois passed its Biometric Information Privacy Act (BIPA) in 2008, there has been a proliferation of class action lawsuits filed pursuant to the statute. BIPA generally bars private entities from collecting,...more

Seyfarth Shaw LLP

Picture This: Illinois Federal Court Holds That BIPA Applies To Photographs

Seyfarth Shaw LLP on

Seyfarth Synopsis: In Sosa v. Onfido, Inc., No. 20-CV-4247, 2022 U.S. Dist. LEXIS 74672 (N.D. Ill. Apr. 25, 2022), the Court issued the latest plaintiff-friendly decision under the Illinois Biometric Information Privacy Act...more

Kennedys

“Stick[ing] out like a sore thumb”: BIPA fingerprint claims, the ERP exclusion, and a common thread amidst an intra-district...

Kennedys on

It seems as of late that decisions regarding the scope of the Illinois Biometric Information Privacy Act (BIPA) and insurance coverage for those claims have been coming as quick as finger scan. Fresh off the heels of...more

Bradley Arant Boult Cummings LLP

What to Expect When You’re Expecting a Biometric Class Action: Settlements

Biometric class actions have proliferated in recent years — and with more states eyeing comprehensive data privacy legislation, companies that use biometric data should plan for the surge to grow. With rare exceptions, these...more

Kilpatrick Townsend & Stockton LLP

BIPA class actions – liability of third-party vendors

Takeaway: We have written a number of articles about the explosion of class action litigation under Illinois’s Biometric Information Privacy Act (BIPA). See BIPA – an ideal “no injury” class action (Feb. 9, 2022) and BIPA...more

Troutman Pepper

More Privacy, Please - April 2022

Troutman Pepper on

Editor’s Note: Utah became the fourth state in the nation to successfully pass a comprehensive privacy bill, following California, Colorado, and Virginia. Meanwhile, seven other states failed at their own attempts, including...more

Novack and Macey LLP

Balancing Privacy and Security Needs in Real Estate Properties

Novack and Macey LLP on

Multi-residence, office and mixed-used commercial buildings often have “smart access” security systems in place to verify the identity of residents and employees who enter the facility and sections within. These systems...more

Troutman Pepper

A Fresh “Face” of Privacy: 2022 Biometric Laws

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Q: What states have biometric laws and what does this mean for my company? ...more

Husch Blackwell LLP

Proposed State Privacy Law Update: April 11, 2022

Husch Blackwell LLP on

Keypoint: This week a new bill was introduced in Louisiana; the Maryland work group bill received an unfavorable committee report; the Connecticut bill was referred to a second committee; and California’s biometric privacy...more

FordHarrison

The Clear and Present Danger of Not Complying with Biometric Privacy Laws

FordHarrison on

Outside of Hollywood, employers have used biometrics to limit access to sensitive information and secure areas for a number of years. As costs of implementing the technology decreased and the technology became more...more

Troutman Pepper

A Fresh "Face" of Privacy: 2022 Biometric Laws

Troutman Pepper on

Introduction: Biometric Laws in 2022 - In the first quarter of 2022 alone, no fewer than seven states have introduced biometric laws — California, Kentucky, Maine, Maryland, Massachusetts, Missouri, and New York — generally...more

Perkins Coie

Illinois Supreme Court Nixes Employer Biometric Privacy Defense

Perkins Coie on

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

Saul Ewing Arnstein & Lehr LLP

Rogers v. BNSF Railway Company

On March 15, 2022, the U.S. District Court for the Northern District of Illinois held in the case of Rogers v. BNSF Railway Company, No. 19-C-3083, 2022 WL 787955 (N.D. Ill. Mar. 15, 2022) (slip copy) that the Federal Railway...more

Blank Rome LLP

Q1 Biometric Privacy Litigation Update

Blank Rome LLP on

In the first quarter of 2022, there have already been significant legal developments in the biometric technology space. Most notably, the Illinois Supreme Court—which has actively taken Illinois Biometric Privacy Act (“BIPA”)...more

Neal, Gerber & Eisenberg LLP

Recent Court Decisions Reinforce Coverage for BIPA Claims Under General Liability Policies

Illinois’ Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), has been a fertile source of litigation against Illinois businesses for several years now. The targets of such lawsuits turned to their insurers for...more

Blank Rome LLP

California Legislature Introduces Expansive Biometric Privacy Law

Blank Rome LLP on

On February 17, 2022, the California Legislature introduced a biometric privacy law (SB 1189) similar to the Illinois Biometric Information Privacy Act (“BIPA”). SB 1189 would dramatically increase biometric privacy...more

King & Spalding

All Eyes on Texas After Filing First Enforcement Action Under State's Biometric Privacy Law

King & Spalding on

The Attorney General for the State of Texas recently filed suit against Meta (formerly Facebook) alleging that the company violated the Texas Capture and Use of Biometric Identifier Act (“CUBI”) and the Texas Deceptive Trade...more

Thompson Coburn LLP

Illinois Appellate Panel Upholds Employer Defense Against Employee BIPA Claims: Union Employee BIPA Claims Preempted by Federal...

Thompson Coburn LLP on

Consistent with several federal decisions, an Illinois Court of Appeals panel recently determined that a union employee’s claims against his employer under the Illinois Biometric Privacy Information Act (“BIPA”) were...more

Stokes Wagner

Developments in Biometric Technology

Stokes Wagner on

Employers who use biometric technology in the workplace should be aware of the developing trend towards legislation targeting the misuse of biometric information. Biometric technology, which is used to identify individuals by...more

Husch Blackwell LLP

Proposed State Privacy Law Update: March 14, 2022

Husch Blackwell LLP on

Keypoint: This week legislatures in Florida, Washington, West Virginia and Wisconsin closed without passing bills while Maryland’s bill was converted into a one-year study. Below is our ninth weekly update on the status of...more

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Updated: Dec 28, 2021:

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Updates to This Policy

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Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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