News & Analysis as of

Biometric Information Spokeo v Robins

King & Spalding

Seventh Circuit Finds Failure to Comply with Data Destruction Policy Confers Article III Standing

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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

Foley & Lardner LLP

BIPA in Review: Recapping the Seventh Circuit’s Article III Standing Decisions

Foley & Lardner LLP on

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

King & Spalding

Seventh Circuit Reverses District Court and Holds That Employee Has Standing to Assert Biometric Consent Claims Under Illinois’s...

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On May 5, the Seventh Circuit held that an employer’s collection of employee biometric data without first making certain disclosures and obtaining written informed consent, as required by the Illinois Biometric Information...more

Hudson Cook, LLP

Seventh Circuit Finds Article III Standing in Biometric Information Collection Case, Deepening Circuit Split

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In a decision issued on May 6, 2020, the U.S. Court of Appeals for the Seventh Circuit held that a plaintiff alleged a concrete injury sufficient to satisfy the Article III "injury-in-fact" requirement for standing when she...more

Carlton Fields

Ninth Circuit Affirms Certification of Class Alleging Biometric Privacy Violations

Carlton Fields on

The Ninth Circuit has issued its much-anticipated decision in a class action against Facebook involving alleged biometric privacy violations, affirming certification of a class. In Patel v. Facebook, the Northern District of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - July 2019

In this month's edition of our Privacy & Cybersecurity Update, we examine New York's new laws expanding consumer protection for data breaches, the D.C. Circuit's two rulings deepening the split regarding standing in data...more

Proskauer - New Media & Technology

California Court Declines to Dismiss Illinois Facial Recognition/Biometric Privacy Suit against Facebook on Standing Grounds

This past week, a California district court again declined Facebook’s motion to dismiss an ongoing litigation involving claims under the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”),...more

K&L Gates LLP

Spokeo Fails Facebook: Privacy Violation Held to Constitute Concrete Harm Under Illinois Biometric Information Privacy Act

K&L Gates LLP on

On Monday, February 26, 2018, the United States District Court for the Northern District of California denied defendant Facebook’s motion to dismiss In re Facebook Biometric Information Privacy Litigation, finding plaintiffs...more

Locke Lord LLP

Biometrics: California Federal Court Denies Spokeo Motion to Dismiss Facebook Biometric Information Privacy Act Case

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On February 26, 2018, a California federal court denied Facebook’s motion to dismiss claims under Illinois’s Biometric Information Privacy Act, finding the plaintiff had Article-III standing despite the absence of tangible...more

Sheppard Mullin Richter & Hampton LLP

Actual Injury Required to Sue Under Illinois Biometric Information Privacy Act

In recent years, the use of biometrics in business has been growing. In the employment context, for example, some employers use biometric time clocks, which allow employees to “clock in” with a fingerprint or iris scan....more

Jackson Lewis P.C.

Spokeo Strikes Again – Biometric Data Privacy Class Action Fails On Its Face (Scan)

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On November 21, 2017, the U.S. Court of Appeals for the Second Circuit held that a plaintiff bringing a putative class action under the Illinois Biometric Information Privacy Act (“BIPA”) could not establish an injury-in-fact...more

Locke Lord LLP

Second Circuit Delivers Limited Victory to Defendant Under Illinois Biometric Information Privacy Act and Spokeo.

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On November 21, 2017, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a case under Illinois’s Biometric Information Privacy Act (“BIPA”), finding that none of the alleged violations created a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - September 2017

In this month's edition of our Privacy & Cybersecurity Update, we take a look at the first annual review of the Privacy Shield by U.S. and EU officials, and the Federal Trade Commission's first actions alleging Privacy Shield...more

Robins Kaplan LLP

The Future is Now

Robins Kaplan LLP on

More than a decade ago Steve Spielberg’s Minority Report contemplated a future in which facial recognition would be ubiquitously used for targeted advertising. Now, a California court will decide whether to dismiss a...more

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