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Data Collection Biometric Information Privacy Act Privacy Laws

Ice Miller

Don’t Forget About Biometric Information Privacy Laws When Implementing AI in the Workplace

Ice Miller on

As employers deal with mounting pressure or desire to implement artificial intelligence in the workplace, they should not forget the laws in several states and localities that place limitations on the use and collection of...more

BCLP

U.S. Biometric Laws & Pending Legislation Tracker - March 2025

BCLP on

The enactment of biometric privacy laws is a growing trend across the country. Existing legislation has led to a boon of class action litigation against employers, consumer-facing businesses, and technology companies for...more

Perkins Coie

Privacy Law Recap 2024: Class Actions and Mass Arbitrations

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Claims involving the alleged collection and use of consumer data continued to drive trends in privacy class actions and mass arbitrations in 2024. Biometrics Litigation - The Illinois Biometric Information Privacy Act...more

Eversheds Sutherland (US) LLP

Plaintiffs’ attorneys continue to test class action theories under New York City’s Biometrics Law

A putative class action complaint filed against the parent company of the New York Mets underscores the need for businesses in New York City to comply with an oft-overlooked law governing the collection and use of consumer...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

Jenner & Block

Client Alert: The Illinois State Courts Strike Back: The Future of BIPA Litigation After Visual Pak

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The fingerprints of the federal courts are all over Biometric Information Privacy Act (BIPA) jurisprudence, and Illinois state courts may want to change that. A recent Illinois Appellate Court decision disagreed with a...more

WilmerHale

Year in Review: 2023 Data Protection Litigation Trends

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2023 was an active year for data protection-related litigation. Plaintiffs continued to advance creative theories of liability against businesses, using both older and more established privacy laws (such as the Telephone...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

WilmerHale on

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

Troutman Pepper Locke

Illinois Supreme Court Rules That Health Care Worker Finger Scans Are Exempt From BIPA

Troutman Pepper Locke on

On November 30, the Illinois Supreme Court unanimously ruled that the Biometric Information Privacy Act (BIPA) does not apply to health care workers whose fingerprints are collected, stored, and used to access medication and...more

McDermott Will & Emery

Illinois Supreme Court: Finger-Scan Information Collected by Healthcare Providers to Access Medications Is Exempt From BIPA...

McDermott Will & Emery on

On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more

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

Illinois Federal Judge Says Prevailing BIPA Defendants Must Show Bad Faith for Attorneys’ Fees

An Illinois federal court recently rejected an online eyewear retailer’s request for attorneys’ fees as the prevailing party in a Biometric Information Privacy Act (BIPA or Privacy Act) class action over its virtual try-on...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity - June 2023

In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Data Beware! Defending Class Actions in the Privacy and Data-Sharing Space - June 13th, 10:00 am - 10:30 am PT

This presentation will discuss the recent surge in class actions challenging companies’ practices for collecting, sharing, and storing consumer data, including claims arising under the Illinois Biometric Information Privacy...more

Perkins Coie

Biometric Privacy in Film, Television, Music, and Gaming

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Creators in film, television, music, and gaming are increasingly turning to artificial intelligence and machine learning (AI/ML) models to deliver new content and experiences to audiences. Recent headlines have highlighted...more

Spilman Thomas & Battle, PLLC

It’s Not Just Illinois Anymore. Biometric Identifier Laws Increase Across US

Biometric identifiers are unique to every individual. They include your fingerprints, facial structure, and even how you walk. There is the Illinois Biometric Information Protection Act (“BIPA”), and biometric protection...more

Sheppard Mullin Richter & Hampton LLP

Illinois Supreme Court Finds Federal Law Labor Preempts Union Members’ BIPA Claims

Can unionized employees sue their employers in court for violations of Illinois’ Biometric Information Privacy Act (BIPA)? In a rare victory for BIPA defendants, the Illinois Supreme Court unanimously ruled they cannot....more

Eversheds Sutherland (US) LLP

From bad to worse: Two Illinois Supreme Court decisions expand scope of potential damages under Biometric Information Privacy Act

For several years, companies that collect, use, and store the biometric information of Illinois residents have lived in fear of violating the Biometric Information Privacy Act (BIPA), due to a tidal wave of class action...more

Fenwick & West LLP

BIPA’s Per-Scan Damages May Create “Annihilative Liability”

Fenwick & West LLP on

The Illinois Supreme Court recently clarified when a Biometric Information Privacy Act (BIPA) claim accrues: each time, and not just the first time, a person’s biometric information is collected without consent. BIPA requires...more

Spilman Thomas & Battle, PLLC

Illinois Supreme Court and Biometric Privacy Cases – The Newest Developments and the Reach Well Beyond Illinois

Illinois has the strictest biometric privacy law in the country with the Biometric Information Privacy Act (“BIPA”). The BIPA requires employers who collect employees’ biometric data to follow a number of protocols. These...more

Sheppard Mullin Richter & Hampton LLP

Illinois High Court Rules “Per-Scan” Damages Can Be Awarded Under BIPA

February 2023 was a momentous month for Illinois’ Biometric Information Privacy Act (BIPA). Just two weeks after imposing a 5-year time limit for all BIPA claims, the Illinois Supreme Court resolved another pressing issue. In...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 2, February 2023

Illinois Supreme Court Allows Massive Damages in Biometric Privacy Cases - “The case involves Ohio-based fast-food company White Castle.” Why this is important: Illinois has the strictest biometric privacy law in the...more

ArentFox Schiff

Biometric Privacy Class Actions Take Aim at Virtual “Try-On” Retailers

ArentFox Schiff on

In recent months, there has been a surge of class actions brought under the Illinois Biometric Information Privacy Act (BIPA) against retailers using virtual “try-on” features on their websites. Virtual try-on technology...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

Spilman Thomas & Battle, PLLC

The Evolution of Biometric Data Protection Bills – Updates from Maryland and Mississippi

Your biometric data tells the tale of who you are in intricate detail. Often, your biometric data is used to verify your identity at work or school. Currently, Illinois has the most comprehensive biometric privacy law in the...more

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

Virtual ‘Try On’ Features: Do They Create Biometric Privacy Concerns for Retailers?

​​​​​​​Retailers’ virtual “try-on” features have come under attack lately by lawsuits claiming violations of consumers’ biometric privacy rights. The increasing risk of litigation highlights a new area of compliance concern...more

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