News & Analysis as of

Biometric Information Privacy Act

[Webinar] Emerging Biometric Data Risks - January 24th, 1:00pm ET

by BakerHostetler on

In recent months, the Illinois Biometric Information Privacy Act (BIPA) has been the subject of renewed interest from the plaintiffs’ bar, with more than 60 BIPA-related class actions filed since August. Given the increased...more

Illinois Appellate Court Employs Spokeo-type Reasoning to Hold Biometric Data Class Action Should be Dismissed for Lack of Actual...

The desire to avoid Spokeo’s standing requirements constitutes yet another reason for class action plaintiff’s counsel to seek to litigate in state courts, as state courts may not require a Spokeo injury-in-fact test to...more

Google App Disables Art-Selfie Biometric Comparison Tool in Illinois and Texas

We have been closely following the legal and legislative developments relating to biometric privacy, and in particular, the flow of litigation under the Illinois biometrics privacy law. It was interesting to see how the...more

Appellate Court Limits Who May Sue Under Biometric Information Privacy Act

by Jones Day on

As noted in a prior Commentary, plaintiffs continue to bring a flood of lawsuits under Illinois' Biometric Information Privacy Act ("BIPA") against companies that collect, use, or store biometric identifiers. Many of these...more

The Many Faces of Google’s Arts & Culture App (Except in Illinois and Texas)

Those of our readers who frequent social media may have noticed a newly-popular juxtaposition between selfies and art (or perhaps one should say between selfies and other forms of art)—a feature in the Google Arts & Culture...more

Six Flags Survives Biometric Law Roller Coaster Courtesy of Appellate Court

Companies that collect and store biometric information from their customers and employees received good news from an Illinois appeals court in late December, a much-needed win in an area that has seen a massive rise in class...more

Plaintiff’s Motion to Remand Biometric Information Privacy Act Case Shows Risks of No-Injury Argument in Federal Court

by Locke Lord LLP on

Defense counsel are generally trained to remove cases to federal court, and to then seek dismissal of those cases, wherever possible. But those strategies can conflict where a defendant’s motion to dismiss argues that...more

Actual Injury Required to Sue Under Illinois Biometric Information Privacy Act

In recent years, the use of biometrics in business has been growing. In the employment context, for example, some employers use biometric time clocks, which allow employees to “clock in” with a fingerprint or iris scan....more

Recent Illinois Appellate Court Ruling Could End The Recent Flood Of Class Action Lawsuits Against Employers Under Illinois'...

by Littler on

Since mid-September 2017, more than 50 employers that use “biometric timeclocks” in Illinois have been targeted with class action lawsuits alleging violations of the state’s Biometric Information Privacy Act (“BIPA”). A...more

Private Rights of Action under Illinois Biometric Privacy Statute Sharply Limited

by Ropes & Gray LLP on

On December 21, 2017, a three-judge panel of the Second District Appellate Court of Illinois significantly narrowed the ability of plaintiffs to bring a private right of action under Illinois’ Biometric Information Privacy...more

Illinois Court Says Biometrics Plaintiffs Must Put a Finger on Alleged Harm

by Morgan Lewis on

The Illinois Biometric Information Privacy Act (IBIPA) has been grabbing headlines of late as class action lawsuits under IBIPA’s private right of action are piling up, but an Illinois state appeals court recently held that a...more

Recent Surge in Class Actions Involving “Biometric” Data: What Employers Need to Know and Do Now

by Epstein Becker & Green on

In the past six months alone, roughly 30 employment class actions have been filed in Illinois claiming violations of a state law that some employers may have never even heard of, or are only vaguely familiar with—the 2008...more

Litigants Alleging Procedural Violations of Illinois Biometric Privacy Statute (BIPA) Are Not “Aggrieved” Parties That May Seek...

As 2017 drew to an end, we noted the continuing flood of Illinois biometric privacy suits filed over the past year. There are literally dozens of cases pending, most in Illinois state courts, alleging violation of Illinois’s...more

Illinois’ BIPA statute – Finally Some Good News for Employers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As the number of class action lawsuits alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”) has exploded in the last six months, defendants have been eagerly awaiting guidance...more

Score One for Employers: One Illinois Appellate Court’s Pre-Holiday Gift to Companies Facing Lawsuits Alleging Violations Under...

by Clark Hill PLC on

Over the past year, the number of class action lawsuits alleging violations of the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) has exceeded sixty. A majority of these lawsuits have been filed against...more

Illinois Court Of Appeals Holds BIPA Plaintiffs Must Allege Some Actual Harm

by Jackson Lewis P.C. on

In a ruling that may have significant impact on the recent wave of biometric privacy suits, an Illinois state appeals court held that plaintiffs must claim actual harm to be considered an “aggrieved person” covered by...more

Illinois Appellate Court Delivers Potentially Fatal Blow To “No-Injury” Lawsuits Under The Biometric Information Privacy Act

by Locke Lord LLP on

On December 21, 2017, an Illinois appellate court issued an opinion that will significantly slow down the onslaught of putative class action lawsuits filed under Illinois’s Biometric Information Privacy Act (“BIPA”). In...more

Illinois Appellate Court Turns The Tide In Favor Of Employers In Class Actions Brought Under The Illinois Biometric Privacy Act...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As the number of class action lawsuits alleging violations of the Illinois Information Biometric Privacy Act (“BIPA”) has exploded in the last six months, defendants have been eagerly awaiting guidance...more

Ringing in the New Year -- Recap of Changes to Illinois Employment Laws in 2017

by Faegre Baker Daniels on

From workplace dress policies to collecting an employee’s fingerprints, as we wind down 2017, here’s a recap of new workplace laws—and helpful reminders—that affected Illinois employers this year: Updates to the Illinois...more

Reflections on Technology-Related Legal Issues: Looking Back at 2017; Will 2018 Be a Quantum Leap Forward?

As we approach the end of 2017, it is a time to reflect on the dizzying pace of technology evolution this year, and the amazing array of legal issues it presented. Similarly, it is a time to look forward and anticipate what...more

Athletes and their Biometric Data – Who Owns It and How It Can Be Used

More than ever before, biometric data, a term often used broadly to refer to metrics related to human characteristics, is being collected at a faster pace. Devices of all kinds are now able to able to track and store data...more

Wave of Illinois Biometric Privacy Suits Continues Unabated

After noting the flood of Illinois biometric privacy suits in September, it appears that the flow of such suits remains robust. Dozens of suits have been filed in Illinois state court against Illinois-based employers and...more

No About-Face for Second Circuit in Face-Scanning Suit

A video game company successfully dodged a lawsuit which claimed that face-scanning technology violated an Illinois privacy law, in a new decision from the U.S. Court of Appeals, Second Circuit....more

Avatars, Facial Scans & Virtual Basketball: Second Circuit Tosses Biometric Privacy Case

A recent federal appellate ruling delivered a significant blow to invasion of privacy claims based on facial recognition technology used to scan users’ faces that are then put on their personalized players “in-game,” allowing...more

Class Actions: Maximum Wage and Hour and Other Developments

by Benesch on

Any entity with a sizable hourly workforce is a potential target for class action lawsuits, especially those that do business in California. Many in senior management have a horror story about an inadvertent failure to put...more

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