#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
Today, Facial Recognition Technology Is Everywhere. As It Invades Every Aspect Of Our Lives, Shutdown Or Not, Technological Advances, News Coverage, And Legal Approaches Concerning Such Technology Continue To Expand And...more
Plaintiffs Vernita Miracle-Pond and Samantha Paraf, each Shutterfly users with a Shutterfly account, sued defendant Shutterfly Inc., on behalf of themselves and similarly situated Shutterfly users, under the Illinois...more
Seyfarth Synopsis: After a defendant in a biometric privacy class action lawsuit unilaterally implemented an arbitration clause, a federal court in Illinois granted the company’s motion to compel arbitration, holding that...more
We have been following biometric cases in Illinois, including the case against Shutterfly. Late last week, an Illinois federal judge denied Shutterfly’s motion to dismiss the case against Shutterfly alleging that it violates...more
We’ve previously blogged about the National Telecommunications and Information Administration (NTIA) privacy multistakeholder process to address concerns associated with the emerging commercial use of facial recognition...more
On May 26, 2016, Illinois Senator Terry Link filed a proposed amendment to the Illinois Biometric Information Privacy Act that would presumably ease the rules relating to the collection and use of biometric data. What irked...more
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
We previously reported that Shutterfly’s effort to dismiss the proposed biometrics class action case against it was unsuccessful. The proposed class action suit alleged that Shutterfly violated the Illinois Biometric...more
Although healthcare entities are exempt from BIPA’s requirements because of HIPAA, they are likely next in line for lawsuits because of their rapid adoption of biometric authentication measures for employees and contractors....more
We have been following and reporting on the Facebook and Shutterfly biometrics cases in Illinois and California. Google was recently sued by a potential class in Illinois alleging that it violated the Illinois Biometric...more
As we have previously written about, there are several ongoing biometric privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). ...more
We previously reported that Shutterfly Inc. was unsuccessful in persuading an Illinois federal judge to dismiss the biometrics case against it. Last week, Shutterfly moved for reconsideration of the denial, basing the...more
In this edition of our Privacy & Cybersecurity Update, we discuss, among other matters, the status of the EU/U.S. Safe Harbor negotiations, as well as changes to privacy laws in Delaware and California that regulate online...more
Over the last six months, at least four putative class actions have been filed under the Biometric Information Privacy Act (“BIPA”)—an obscure Illinois statute passed about seven years ago to regulate the collection and use...more
Friday was a busy day in Illinois with arguments over the Illinois Biometric Information Privacy Act. We previously reported that the first known biometric case has been given the green light to proceed. The case alleges that...more
As we have previously noted, there are several ongoing privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). The photo storage...more
We leave breadcrumbs of biometric information scattered around our daily lives, which may be collected and used by private entities, often without our knowledge or consent. The sound of your voice when you call your bank’s...more
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