Biometric Litigation
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5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
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 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
The city of Portland, Oregon, made headlines when it became the first jurisdiction in the nation to enact a blanket ban on the use of facial recognition technology (“FRT”) by all private entities physically located within its...more
New York City’s new biometrics law, NYC Admin. Code §§ 22-1201–1205, went into effect in July 2021. The law creates a new private right of action for persons “aggrieved” by violations. Violations might arise from at least two...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
New York City recently enacted a biometric ordinance that is set to come into effect July 9, 2021. With this ordinance, NYC joins other cities (like Portland) in regulating the use of biometric information. The ordinance may...more
NEW YORK STATE LEGISLATURE PROPOSES BIOMETRIC PRIVACY ACT - On January 6, 2021, the New York state legislature proposed the Biometric Privacy Act (AB 27) to regulate the collection of biometric information by companies...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
New York may become the latest state to allow consumers to sue companies for improperly collecting, retaining or using certain biometric data. Earlier this week, a bipartisan slate of state legislators (17 Democrats, 7...more
A dedicated biometric privacy law has been introduced by legislators in the New York State Assembly. The bill, titled the Biometric Privacy Act, would apply to private entities that collect, capture, purchase, receive through...more
On January 6, 2021, a bipartisan group of New York state lawmakers released a copy of Assembly Bill 27 (AB 27), the New York Biometric Privacy Act. If New York passes AB 27, it will join Illinois, Texas, and Washington as...more
The federal government is looking to put its finger on the pulse of biometric privacy with the proposed National Biometric Information Privacy Act of 2020 (S. 4400), introduced by United States Senators Bernie Sanders...more
Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more
Key Points- The Illinois Biometric Information Privacy Act (BIPA) is the most stringent privacy law in the country providing claimants with a private right of action without alleging actual injury....more
Seyfarth Synopsis: Although the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags may have upped the ante for employers facing litigation under the Illinois Biometric Information Privacy Act (“BIPA”)...more
As discussed in past posts about the long-running Facebook biometric privacy class action, users are challenging Facebook’s “Tag Suggestions” program, which scans for and identifies people in uploaded photographs for photo...more
This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant...more