Biometric Litigation
DE Under 3: FTC Enters the Biometric Privacy Protection Conversation
Digital Planning Podcast Episode: Understanding Biometrics and the Impact on Estate Planning
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
Podcast: BIPA Trends in 2022
Immigration Insights Podcast: International Entrepreneur Parole Program & Biometrics Requirement
JONES DAY PRESENTS® The Impact of Digital Health on Research and Clinical Trials
#BigIdeas2020: Facial Recognition Technology and Employer Compliance - Employment Law This Week® - Trending News
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
On January 18, 2024, the Federal Trade Commission (FTC) discussed its long-anticipated proposed changes for the Children’s Online Privacy Protection Rule (COPPA) in an open meeting. Released in a notice of proposed...more
The FTC is proposing significant changes to the Children’s Online Privacy Protection Act (COPPA) rule to place new restrictions on the use and disclosure of children’s personal information. The COPPA Rule requires websites...more
FTC Settles with Rite Aid on its Use of AI and Processing of Biometric Information - The Federal Trade Commission (“FTC”), on December 19, 2023, announced that it had reached a settlement with Rite Aid Corporation (“Rite...more
On December 19, 2023, the Federal Trade Commission (FTC) announced an enforcement action against the retail pharmacy Rite Aid for unfair practices associated with its use of a facial recognition technology (FRT) surveillance...more
On December 20, 2023, the Federal Trade Commission (FTC) published its Notice of Proposed Rulemaking to update the Children's Online Privacy Protection Act (COPPA), the latest step in a process that started in 2019 with an...more
The Federal Trade Commission (FTC) gave privacy lawyers a long-awaited Christmas gift on December 20, 2023: its notice of proposed rulemaking (NPRM) to amend the Children’s Online Privacy Protection Act (COPPA) Rule. The NPRM...more
The Children’s Online Privacy Protection Rule requires operators of websites and online services that are directed to children under 13 years of age, or that have “actual knowledge” they are collecting personal information...more
The Florida Digital Bill of Rights (FDBR) was signed into law by Governor Ron DeSantis on June 6, 2023, making Florida the tenth state to enact a consumer data privacy law along with California, Virginia, Colorado,...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
In Mora v. J&M Plating, Inc., No. 2-21-0692, 2022 IL App (2d) 210692 (Ill. App. Ct. 2d Dist. Nov. 30, 2022), the Illinois Second District Court of Appeals held that Illinois’ Biometric Information Privacy Act (BIPA or Act)...more
Seyfarth Synopsis: On November 30, 2022, the Illinois Second District Appellate Court reversed the trial court’s grant of summary judgment in Defendant’s favor in a case entitled Mora v. J&M Plating, Inc. The lawsuit was...more
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
As the use of biometric information for verification purposes becomes widespread, employers and others should be aware of statutes which regulate the collection, storage and dissemination of this data. In this regard,...more
In the not-so-distant past, data risk was primarily seen as a technology challenge. How can organizations store all the data they accumulate? How can they sort and analyze it? How can they protect it from exfiltration by...more
On June 3, 2022, Senator Wicker (R-Miss.), Ranking Member of the Senate Commerce Committee, and Representatives Pallone (D-N.J.) and Rodgers (R-Wash.), Chairman and Ranking Member of the House Energy and Commerce Committee,...more
Although the motivation behind the Illinois Biometric Information Privacy Act – to protect individuals from having their unchangeable, biometric identities stolen or sold to the highest bidder – is noble, the class action...more
2021 has so far been a year of conflicting impulses in biometrics law: two proposed bills in New York and Maryland would impose substantial new requirements on private entities, but in Illinois a proposed amendment would...more
Setting new precedent in the world of data, the FTC has found that the work product of ill-gotten data is no longer retainable by the developer. On January 11, 2021, the U.S. Federal Trade Commission (FTC) announced that it...more
Since the Illinois Supreme Court held in Rosenbach v. Six Flags Entertainment Corp. in 2019 that a plaintiff need not show actual injury to bring an Illinois Biometric Information Privacy Act (“BIPA”) claim in state court,...more
On November 17, 2020, the Seventh Circuit addressed what constitutes an injury-in-fact for standing purposes under Illinois’s privacy law, the Biometric Information Privacy Act (“BIPA”). This is the latest in a series of...more
Last Thursday, the Seventh Circuit issued its fourth opinion in two years addressing Article III standing in the context of Illinois’s Biometric Information Privacy Act (BIPA). The court handed the plaintiff in Thornley v....more
On Monday, the Federal Trade Commission (FTC) announced a settlement with Everalbum, Inc., the California-based developer of a photo app called “Ever,” with regard to allegations that the company deceived consumers about the...more
This is the time of the year in which we look back to what has happened during the last 12 months and try to get ready for what is to come. This can be done in many ways, although one of the most common practices is to rely...more
Humor isn’t necessary in eDiscovery, but it sure helps. Which is why Ipro has created our own comic strip, eDiscovery Blues™ and included them with articles highlighting insights and best-practices across the legal technology...more
Alleged violations of privacy laws continue to bedevil the federal courts—in particular, with respect to determining whether an alleged violation creates a sufficiently concrete and redressable grievance to permit the federal...more