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Biometric Information Data Privacy Consent

Husch Blackwell LLP

Proposed Draft Amendments to Colorado Privacy Act Rules Published

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Keypoint: The proposed draft amendments modify the Colorado Privacy Act Rules to create a process for issuing opinion letters and interpretative guidance and to address the biometric and children’s privacy amendments passed...more

Seyfarth Shaw LLP

BIPA Damages Reform Bill Signed in Illinois

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On August 2, 2024, Illinois Governor J. B. Pritzker signed legislation reforming Illinois’ Biometric Information Privacy Act (BIPA). Senate Bill 2979 immediately amends BIPA to limit a private entities’ potential liability...more

Fisher Phillips

Breaking BIPA News: Illinois Curtails Massive Damage Awards in Biometric Cases

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Nearly one and a half years after the Illinois Supreme Court saddled businesses with the potential for massive damage awards under the state’s landmark biometric law, Governor J.B. Pritzker just signed into law amendments...more

Littler

Implications for Employers of Colorado’s New Biometrics Law

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On May 31, 2024, Colorado enacted H.B. 24-1130, an amendment to the Colorado Privacy Act (CPA) regarding the use of biometric information (the “Biometric Amendment”). The Biometric Amendment, effective July 1, 2025, requires...more

Jackson Lewis P.C.

Colorado Expands Protections for Biometric Information under the Colorado Privacy Act

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When Colorado enacted the Colorado Privacy Act (CPA), it included “biometric data that may be processed for the purpose of uniquely identifying an individual.” However, the CPA as originally drafted did not cover the personal...more

Mayer Brown

Chairs of House and Senate Commerce Committees Announce Consumer Privacy Legislation

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Last month, two key members of Congress released a draft of the American Privacy Rights Act (“APRA”), comprehensive legislation that would change the landscape of consumer privacy law in the United States. If passed, APRA...more

Paul Hastings LLP

Biometrics Litigation Update: Washington Is Poised to Become a New Frontier for Private Litigants

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In just a few short weeks, a new front may emerge for biometrics litigation in the United States. On March 31, 2024, the My Health My Data Act (“MHMDA”) will go into effect in Washington for most entities that conduct...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

Mintz - Privacy & Cybersecurity Viewpoints

The FTC Sets Its Sights on Biometric Information

Does your business collect or use fingerprints?  Do your building access points use retina, finger, or palm scans?  Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more

Davis Wright Tremaine LLP

Texas Data Privacy and Security Act – An Overview

The Texas Data Privacy and Security Act (TDPSA) became law on June 16, 2023. Texas becomes the 11th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut, Utah, Iowa,...more

Paul Hastings LLP

Maine State Legislature Considering (Again) a BIPA-Like Statute

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On May 22, 2023, the Maine Legislature held a public hearing on “H.P. 1094, An Act to Give Consumers Control Over Sensitive Personal Data By Requiring Consumer Consent Prior to Collection of Data” (“H.P. 1094”). H.P. 1094,...more

Vinson & Elkins LLP

Burgers and Biometrics: The Illinois Supreme Court Permits Up to $17 Billion in Damages for White Castle’s Privacy Violations

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The Supreme Court of Illinois recently held that use of a fingerprint system by White Castle, Inc. (“White Castle”) to authenticate employees, without the consent of the employees, entailed multiple violations of the Illinois...more

Miller Canfield

The $17 Billion Slider? Illinois Supreme Court Decides White Castle BIPA Case

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The landscape of biometric privacy just became both more settled and unsettling for companies using biometrics. On February 17, 2023, the Illinois Supreme Court held that each scan or transmission of a person’s biometric...more

Laner Muchin, Ltd.

Illinois Supreme Court Rules a Five-Year Statute of Limitations Applies to BIPA Claims

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On February 2, 2023, the Illinois Supreme Court issued a long awaited ruling on Jorome Tims et al. v. Black Horse Carriers, Inc., No. 127801, a class action lawsuit alleging violation of the Illinois Biometric Information...more

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

Illinois Supreme Court Rules Privacy Act Claims Have Five Year Statute of Limitations

On February 2, 2023, the Supreme Court of the State of Illinois ruled that all claims under Section 15 of the state’s Biometric Information Privacy Act (Privacy Act or BIPA) have a five year statute of limitations. The...more

Husch Blackwell LLP

Third Version Of Colorado Privacy Act Draft Rules Published

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Keypoint: The draft CPA rules retain the hallmarks of what makes the CPA rules unique but contain some notable revisions and clarifications. On Friday, January 27, 2023, the Colorado Attorney General’s Office published the...more

Fox Rothschild LLP

Revised Colorado CPA Rules are here: What do you need to know

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Colorado Attorney General Phil Weiser has published revisions to the Colorado Privacy Act rules, as well as some additional questions for public feedback. His questions include: What are the pros and cons of using IP...more

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

First Jury Verdict Issued in Illinois Biometric Privacy Act Class Action

​​​​​​​On October 12, 2022, a federal jury in the U.S. District Court for the Northern District of Illinois concluded that a company violated the Illinois Biometric Information Privacy Act (Privacy Act or BIPA) 45,600 times...more

Levenfeld Pearlstein, LLC

Jury Awards Plaintiffs $228 Million in Illinois Biometrics Class Action

In the first biometrics privacy class action to go to trial in Illinois, last week a jury handed down a $228 million judgment against BNSF Railway Co. In the case of Rogers v. BNSF Ry. Co. (N.D. Ill., No. 19-cv-03083), the...more

Amundsen Davis LLC

BIPA Strikes Again: $228 Million Verdict Awarded in First BIPA Jury Trial

Amundsen Davis LLC on

If companies that employ Illinois residents and use any type of equipment to scan fingers, hands, face, or eyes were not yet aware of and concerned by the Illinois’ biometric privacy law, the Illinois Biometric Privacy Act...more

Husch Blackwell LLP

Colorado Privacy Act Draft Rules Published

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Keypoint: The CPA draft rules are a complex and lengthy set of regulations that, if adopted without substantial modification, will significantly expand the CPA’s requirements and require controllers to carefully consider...more

Husch Blackwell LLP

Husch Blackwell Submits Comments on Colorado Privacy Act Pre-Rulemaking

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Keypoint: The comments focus on identifying areas in which the Attorney General’s Office may provide additional clarity to consumers and businesses and to ensure, where appropriate, the interoperability of the Colorado...more

Foley & Lardner LLP

Building Safe Playgrounds for the Legal Metaverse

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The success of any Metaverse project over the medium-term will be defined by its ability to maintain law, order, privacy and safety for all, particularly the target audience, especially where children under 16 are involved. ...more

King & Spalding

Seventh Circuit, Illinois Appellate Court Consider When BIPA Claims Accrue

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In a pair of decisions issued in late December, both the Illinois Appellate Court and the Seventh Circuit Court of Appeals considered whether claims brought under the Illinois Biometric Information Privacy Act (“BIPA”) accrue...more

Husch Blackwell LLP

How do the CPRA, CPA & VCDPA treat biometric information?

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Keypoint: The CPRA, CPA, and VCDPA vary in both their definitions of biometric information/data and their compliance obligations. This is the second article in our ten-part weekly series comparing key provisions of the...more

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