#WorkforceWednesday® - State Legal Trends: Crucial Changes for Employers - Employment Law This Week®
Biometric Litigation
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
Podcast: BIPA Trends in 2022
Data Privacy Legislation, Part 2 (and bonus tips on teleworking from two law mamas who feel your pain!)
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
In a major change to a law that produced extraordinarily high damages claims and settlements, the Illinois General Assembly amended the Biometric Information Privacy Act (BIPA) to substantially reduce potential liability for...more
The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more
On August 2, 2024, Illinois Governor J.B. Pritzker signed SB 2979 into law. The bill amends the Illinois Biometric Information Privacy Act (BIPA) to limit the number of claims that can be brought under the law’s private right...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more
Perhaps in response to recent success pursuing claims under Illinois’ Biometric Information Privacy Act (BIPA), the plaintiffs’ bar is now also pursuing class actions against employers under another unique Illinois privacy...more
On April 27, Washington Gov. Jay Inslee signed into law House Bill 1155, colloquially known as the My Health, My Data Act (the Act). Passed in response to the U.S. Supreme Court’s Dobbs v. Jackson decision, the Act...more
Developments in the law have increased the potential liability that companies could face under the Illinois Biometric Information Privacy Act (BIPA), but fortunately for policyholders, Illinois case law has also solidified...more
The U.S. District Court for the Northern District of Illinois, Eastern Division, issued an order on June 30, 2023, that may substantially alter the risk exposure for entities sued for violations of the Illinois Biometric...more
On July 18, 2023, the Illinois Supreme Court denied a rehearing on the issue of Biometric Information Privacy Act (BIPA) accrual. The request for rehearing derived from an opinion by the 7th Circuit, Cothron v. White Castle...more
A number of federal privacy laws provide private rights of action, allowing individuals (or class actions) to bring claims alleging violations of certain privacy laws. Some examples of these statutes include the Video Privacy...more
Businesses and organizations operating in Illinois – including any business with an online presence accessible to residents of Illinois – should remain vigilant of the ever-changing set of pitfalls stemming from the Illinois...more
Generally, biometric privacy laws seek to protect the unique attributes of human beings that could be leveraged to access sensitive information about them, such as fingerprints and the measurements utilized for facial...more
The judgement, which came down last week, exemplifies the risk of biometric information collection in Illinois and the risk that can result from relying solely on third party vendors. On October 12, 2022, a jury found...more
Q: What states have biometric laws and what does this mean for my company? ...more
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
Illinois’ Biometric Information Privacy Act (BIPA) continues to generate buzz and significant litigation. In 2020, ADP and Facebook each entered into multi-million dollar settlements to resolve claims that they violated the...more
New York City has set its sights on biometric data protection this summer, passing two laws regulating the use of biometric information within the same month. The New York City Council amended its administrative code on July...more
Social media has played an oversized role in lawsuits under state and local biometric privacy laws, including especially the Illinois Biometric Information Privacy Act (BIPA). See, e.g., Thornley v. Clearview AI, Inc., 984...more
On July 9, 2021, new restrictions on biometric monitoring similar to the Illinois Biometric Information Privacy Act (BIPA) were added into New York City’s administrative code (N.Y.C. Admin. Code §§ 22-1201 et. seq.). These...more
A new biometric data collection law will go into effect in New York City next month that is likely to catch many businesses unprepared and not in compliance. This new law applies to any business operating a “place of...more
Seyfarth Synopsis: New York City’s new biometric privacy ordinance creates a private right of action for individuals that could subject local businesses to potentially millions of dollars in liability. Employers who do...more
Effective July 9, 2021, certain retail and hospitality businesses that collect and use “biometric identifier information” from customers will need to post conspicuous notices near all customer entrances to their facilities. ...more
In recent weeks, a number of new class actions have been filed in the U.S. District Court for the Northern District of Illinois asserting novel claims under the Illinois Right to Publicity Act (“IRPA”) 765 ILCS 1075/1 et seq....more
The days of only seeing biometric techniques in spy films are well behind us. A simple thumbprint can open a phone. Systems like Alexa can recognize your voice and play your favorite music. Some banks even allow customers to...more
Biometric data is seen as a preferred means of identification by many businesses. Unlocking a smartphone using facial recognition and other biometric identifiers, for example, gives users the feeling as if they are more...more