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Biometric Information Data Collection Employer Liability Issues

Miller Nash LLP

From Fingerprints to Facial Recognition: Employer Responsibilities for Biometric Data

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Companies’ use of their customers’ biometric data has been increasing for a couple of decades. Numerous state and federal laws regulate how consumer biometric data can be stored and used and require notices to consumers about...more

Amundsen Davis LLC

Illinois Amends BIPA To Limit Violations And Recovery Under The Act

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On August 2, 2024, Governor Pritzker signed Senate Bill 2979 (“SB 2979”) into law, making significant changes to the Illinois Biometric Information Privacy Act (“BIPA”). By way of background, BIPA requires private employers...more

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

Employer Alert: Texas Reaches $1.4B Settlement Over Allegations of Violation of Biometric Information Privacy Law

The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more

Littler

Damage Control: Illinois Enacts Amendment to the State’s High Risk Biometric Information Privacy Act

Littler on

On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The...more

Venable LLP

Colorado Amends State Privacy Law to Include Biometric Data Requirements

Venable LLP on

On May 31, 2024, Governor Jared Polis signed into law Colorado House Bill 24-1130 (HB 1130), amending the Colorado Privacy Act (the CPA) to impose new requirements on controllers that process biometric data. The amendments go...more

Robinson+Cole Data Privacy + Security Insider

Marriott Faces Class Action for Alleged Violation of Illinois Biometrics Law

Last week Marriott Hotel Services was hit with a class action lawsuit for alleged violations of the Illinois’ Biometrics Information Privacy Act (BIPA). The lawsuit alleges that the hotel violated BIPA by requiring workers to...more

Seyfarth Shaw LLP

Illinois Legislative Update: BIPA Reform Bill Reducing Damages Approved by Illinois House, Awaiting Governor's Signature

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In a significant legislative development, the Illinois House of Representatives has overwhelmingly approved Senate Bill 2979, with a vote of 81 to 30, which amends the Illinois Biometric Information Privacy Act (BIPA) to...more

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

Illinois Lawmakers Nearing Passage of Bill to Stop ‘Per-Scan’ Damages for Privacy Act Violations

The Illinois legislature is considering a bill that would prohibit Biometric Information Privacy Act (Privacy Act or BIPA) per-scan damages and provide a potential lifeline to employers that face potentially catastrophic...more

Saul Ewing LLP

The Genetic Information Privacy Act: Recent Surge in Class Action Lawsuits Against Illinois Employers

Saul Ewing LLP on

Over the last decade, Illinois employers have been faced with a rash of class action lawsuits under the Biometric Information Privacy Act (BIPA), causing many employers to pay hefty sums and alter their biometric timekeeping...more

Epstein Becker & Green

Deyerler v. HireVue Expands Biometric Privacy Law to AI Video Interview Platform

A recent decision from the Northern District of Illinois highlights new legal hurdles for employers using AI-powered video interview technologies under Illinois’ Biometric Information Privacy Act (BIPA), 740 ILCS 14/15.  In...more

Segal McCambridge

The Illinois State Legislature Set to Take up BIPA Reform

Segal McCambridge on

Recently, the Illinois General Assembly have restarted efforts to amend the Biometric Information Privacy Act of 2008 (“the Act”). On January 31, 2024, Senator Bill Cunningham introduced S.B. 2979 ostensibly to answer the...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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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

Parker Poe Adams & Bernstein LLP

Biometric Screening Can Result in ADA, Title VII Claims

An increasing number of employers are expressing interest in using biometric technology in the workplace. For example, a company concerned that employees are clocking one another in and out of work could implement retinal...more

Epstein Becker & Green

Health Care Workers Engaged in Treatment, Payment, or Operations Excluded by BIPA

Epstein Becker & Green on

As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use...more

Epstein Becker & Green

BIPA Excludes Health Care Workers Engaged in Treatment, Payment, or Operations

Epstein Becker & Green on

As previously noted, the Illinois Biometric Information Privacy Act (BIPA) has invited a great deal of litigation, often resulting in interpretations favorable toward plaintiffs. As a result, we advise employers who use...more

Fox Rothschild LLP

The Illinois Supreme Court, BIPA Clarifications and What Employers Need to Know

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The Illinois Supreme Court unanimously ruled that the exclusivity provisions of the Workers’ Compensation Act do not bar a claim for statutory damages under the Biometric Information Privacy Act (BIPA). In so doing, the Court...more

McDermott Will & Emery

Illinois Supreme Court Denies Rehearing of BIPA Claim Accrual Ruling

McDermott Will & Emery on

On July 18, 2023, the Illinois Supreme Court denied a petition for rehearing in Cothron v. White Castle System, Inc., 2023 IL 128004. The denial comes five months after the Illinois Supreme Court ruled that claims accrue...more

Segal McCambridge

District Court Confirms That Damages Are Discretionary Under Illinois’ Biometric Statute

Segal McCambridge on

On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more

Robinson+Cole Data Privacy + Security Insider

BNSF Awarded New Trial for BIPA $228M Award

BNSF Railway, previously hit with a $228 million jury award for violating the Illinois Biometric Information Privacy Act (BIPA) when collecting fingerprints of employees, was recently awarded a new trial to determine damages....more

Littler

BIPA’s Devastating Effects on Illinois Businesses

Littler on

As Illinois employers and businesses recover in a post-pandemic world, the continued and growing threat of The Illinois Biometric Information Privacy Act (BIPA) looms on the horizon. This paper demonstrates that, due to the...more

Shook, Hardy & Bacon L.L.P.

New Year, Same BIPA

Last Friday saw what has become an all too common sight in Springfield, Illinois—the end of another legislative session without Biometric Information Privacy Act (BIPA) reform. Going into the end of the session, hopes were...more

Franczek P.C.

Employers With Broad Management Rights Under a CBA Spared From Some BIPA Litigation

Franczek P.C. on

In a unanimous decision, the Illinois Supreme Court determined that the Biometric Information Privacy Act (“BIPA”) is pre-empted by the Labor Management Relations Act for many employees covered by a collective bargaining...more

Locke Lord LLP

The Illinois Supreme Court Goes to White Castle…‎

Locke Lord LLP on

The Illinois Supreme Court started off 2023 answering two long-awaited and lingering questions about the reach and scope of the Biometric Information Privacy Act (“BIPA”). The Court’s decisions in Tims v. Black Horse Motor...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 3, March 2023

Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics - “Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more

Shook, Hardy & Bacon L.L.P.

BIPA After Tims and White Castle: Now What?

As you likely heard, in two recent rulings, the Illinois Supreme Court finally addressed important statute-of-limitations issues. In Tims v. Black Horse Carriers, the Supreme Court ruled that a five-year statute of...more

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