News & Analysis as of

Data Retention Biometric Information Privacy Act

Foley & Lardner LLP

Considering Using Biometric Information? Adopt a Biometric Policy Now

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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

Bond Schoeneck & King PLLC

Illinois Appellate Court Imposes Strict Timeline for Retention and Destruction of Biometric Data

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 Shaw LLP

Illinois Appellate Court Holds Businesses Must Implement Biometric Retention and Destruction Policies Before Collecting Biometric...

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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

ArentFox Schiff

November 2022 AFS Privacy Report: FTC Is Tracking Twitter Developments With “Deep Concern”

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FTC Is Tracking Twitter Developments With “Deep Concern” - Elon Musk’s recent purchase of Twitter has led to numerous resignations in the security department. Most recently, Twitter’s chief information security officer,...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

Ervin Cohen & Jessup LLP

Insurance Coverage For Claims Involving The Misuse Of Biometric Information

​​​​​​​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

Jackson Lewis P.C.

The RIPTA Data Breach May Provide Valuable Lessons About Data Collection and Retention

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Efforts to secure systems and data from a cyberattack often focus on measures such as multifactor authentication (MFA), endpoint monitoring solutions, antivirus protections, and role-based access management controls, and for...more

Constangy, Brooks, Smith & Prophete, LLP

Illinois Biometric Act Has Been A Class Action Nightmare, But Things May Get Better

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

Ballard Spahr LLP

The State of Proposed Biometrics Laws

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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

Amundsen Davis LLC

Data Collection Class Actions On The Rise: Consider Your Privacy Compliance

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Technology is moving at the speed of light while we all continue to live in a largely virtual world where we interface with each other, online, everyday. Sprinkled in are continued concerns about how companies, large and...more

Saul Ewing LLP

Recent Illinois State and Federal Court Decisions Governing the Illinois Biometric Information Privacy Act

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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

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

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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

Manatt, Phelps & Phillips, LLP

Retention of Biometric Data Beyond Stated Period Creates Article III Standing: Seventh Circuit

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

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - Issue 11, December 2020

Brexit Effects on Trademarks Beginning January 1 - Trademark owners with registrations in EU where the UK is designated should soon receive notification for treatment of registrations and applications following the Brexit...more

Proskauer - Law and the Workplace

Seventh Circuit Clarifies Scope of Article III Standing Under Illinois BIPA

On November 17, 2020, the Seventh Circuit held that allegations that a defendant violated Section 15(a) of the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/1, et seq.—which requires an employer that...more

Kilpatrick

BIPA class actions: Seventh Circuit holds that retention of “inherently sensitive” biometric data gives rise to standing

Kilpatrick on

Takeaway: Article III standing requires an injury-in-fact. To allege an injury-in-fact, a claimant must show “‘an invasion of a legally protected interest’ that is ‘concrete and particularized’ and ‘actual or imminent, not...more

White & Case LLP

Building a Robust Biometric Compliance Program in the US: A Five-Step Checklist

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As companies across industries continue to take advantage of existing and emerging technologies that involve the collection and use of human biometric identifiers, corporate privacy programs must take into account the unique...more

Reveal

Why the Connection Between Biometric Data and eDiscovery Will Continue to Grow

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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

Association of Certified E-Discovery...

Popular Jewel-Osco Grocery Chain Claims BIPA is Unlawful

BIPA (Biometric Information Privacy Act) was first introduced by Illinois in 2008 and requires informed consent of the collection of biometric data prior to collection, prohibits companies from profiting from biometric data,...more

Epstein Becker & Green

Companies Using Video Interviews Beware: New Obligations for Positions Based in Illinois

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Increasingly, companies are using third-party digital hiring platforms to recruit and select job applicants. These products, explicitly or implicitly, promise to reduce or eliminate the bias of hiring managers in making...more

Husch Blackwell LLP

Top 5 Trends In Cybersecurity And Data Privacy For 2019

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As we move into the second month of 2019, we’d like to give an overview of the trends we see developing in the cybersecurity and data privacy area for the year. We’ll be sure to elaborate on these areas with more details as...more

Akin Gump Strauss Hauer & Feld LLP

Rosenbach v. Six Flags - Illinois Supreme Court Takes Expansive View of Statutory Standing Under the Biometric Information Privacy...

• On January 25, 2019, the Illinois Supreme Court issued a decision interpreting the Biometric Information Privacy Act (BIPA) in the Rosenbach v. Six Flags Entertainment Corp. appeal. The court ruled that a plaintiff does not...more

Faegre Drinker Biddle & Reath LLP

Illinois Appellate Court Reinstates Biometric Information Privacy Act Class Action

On September 28, 2018, the Illinois Appellate Court’s First District issued an opinion reinstating a previously dismissed class action under the Illinois Biometric Information Privacy Act, 740 ILCS § 14/1 et seq. (BIPA). The...more

Holland & Knight LLP

New Employer Guidance for Illinois Biometric Information Litigation

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• The number of class actions brought under Illinois' Biometric Information Privacy Act (BIPA) has increased substantially each year since its passage in 2008. • One of the main issues facing litigants is what constitutes...more

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