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Data Security Biometric Information Employer Liability Issues

Amundsen Davis LLC

[Webinar] Ninth Annual Labor & Employment Fall Seminar - September 13th, 12:00 pm - 4:00 pm CT

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Join us Wednesday, September 13 at noon for our Ninth Annual Labor & Employment Fall Seminar. This year’s event will be livestreamed from our Chicago office. Our attorneys will discuss the latest employment law updates...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 3, March 2023

Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics - “Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more

FordHarrison

The Clear and Present Danger of Not Complying with Biometric Privacy Laws

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Outside of Hollywood, employers have used biometrics to limit access to sensitive information and secure areas for a number of years. As costs of implementing the technology decreased and the technology became more...more

Fisher Phillips

Forecast: March 2022 Edition

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Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more

McDermott Will & Emery

Illinois Supreme Court Eliminates Defense to Biometric Privacy Class Actions

Illinois’ Biometric Information Privacy Act (BIPA) has spawned a tsunami of class actions against employers who utilize biometric timekeeping or security systems. Now, the Illinois Supreme Court in McDonald v. Symphony...more

Fisher Phillips

The Top 17 Workplace Law Stories from February 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Neal, Gerber & Eisenberg LLP

Attention Employers: Illinois Appellate Court Applies One-Year and Five-Year Limitation Periods for Biometric Privacy Claims

On September 17, 2021, the Illinois Appellate Court for the First Judicial District issued its highly anticipated decision in Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563, ruling that the applicable statute of...more

Fisher Phillips

The Legal Minefield Surrounding Biometrics In The Workplace

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The use of biometric-enabled devices has become ubiquitous in the modern workplace. Biometric time clocks offer employers an accurate and reliable way to track employees’ hours, while increasing accountability. Biometric...more

Verrill

2020 Wrap Up: New Tech, New Issues

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Over the past several years, technology has infiltrated more and more aspects of life—including the employment context. With new consumer and business products and platforms being introduced to the workplace on a daily basis,...more

Epstein Becker & Green

#BigIdeas2020: Facial Recognition Technology and Employer Compliance - Employment Law This Week® - Trending News

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A #BigIdeas2020 Trending News interview from Employment Law This Week®, featuring attorney Matthew Savage Aibel of Epstein Becker Green: Employers’ use of facial recognition technology is expected to increase in 2020. But...more

Proskauer on Privacy

French DPA Issues Robust Model Regulation for Biometric Access Controls in the Workplace

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In late March, the French Data Protection Authority, Commission Nationale de l’Informatique et des Libertés (“CNIL”) released a model regulation (the “Model Regulation”) governing the use of biometric access controls in the...more

Sheppard Mullin Richter & Hampton LLP

France Continues to Focus on Use of Biometrics

The French CNIL (the country’s data protection authority) has released rules for how companies can use the biometric information of their employees. Fingerprint scanning is a popular method for “clocking in” around the globe,...more

McGuireWoods LLP

Rethinking Biometric Data Collection Practices After Rosenbach: Takeaways and Compliance Strategies for Employers

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On January 25, 2019, the Illinois Supreme Court issued a highly anticipated ruling in the Rosenbach v. Six Flags case regarding enforcement of the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (BIPA or...more

Bradley Arant Boult Cummings LLP

Technology at a Price: Risks With Using Biometric Scanning in the Workplace - Labor & Employment Newsletter

Parents who took their children to Disney World in recent years may have been surprised when Disney “cast members” asked the young princes and princesses to place a finger on a scanner before entering the parks. Biometric...more

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Proskauer - Law and the Workplace

Ill. Supreme Court: BIPA Plaintiffs Are Not Required to Show Actual Harm To Have Standing

On January 25, 2019, in a closely watched case, the Illinois Supreme Court ruled that a plaintiff need not allege or demonstrate actual harm to have standing to pursue a claim under the Illinois Biometric Information Privacy...more

BCLP

Fingerprint Identification Technology

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Fingerprint identification technology uses fingerprints to uniquely identify individuals. The technology has been used by law enforcement agencies for decades, and dozens of statutes regulate when government agencies may...more

Polsinelli

Don’t Leave a Print: Biometric Compliance for Employers

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With many employers embracing new technology to achieve efficiencies in the workplace, companies using increasingly popular biometric programs must take steps to ensure that the use of these systems does not violate the law...more

Robinson+Cole Data Privacy + Security Insider

Two More Companies Sued Under Illinois Biometric Law

Two more companies are under fire for alleged violations of the Illinois Biometric Information Privacy Act (BIPA). ...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

Proskauer - New Media & Technology

Illinois Biometric Privacy Suit over Employee Fingerprinting Remanded for Lack of Standing

An Illinois district court remanded to state court for lack of standing a biometric privacy suit brought by employees over the collection and storage of individuals’ fingerprints allegedly in violation of the Illinois...more

Proskauer - New Media & Technology

Illinois Biometric Privacy Suit Survives Dismissal Based on Harm from Alleged Disclosure of Data to Outside Vendor

Last December, an Illinois appellate court, in the Rosenbach v. Six Flags decision (2017 IL App (2d) 170317 (Dec. 21, 2017)), dismissed biometric privacy claims lodged against theme park operators for collecting fingerprints...more

McGuireWoods LLP

Employers Beware: Uptick in Privacy Litigation for Collection of Biometric Data

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The increasingly popular use of biometric authentication technology by employers as a means of tracking employee data, including for timekeeping purposes, can create liability. Biometric data generally consists of an...more

Seyfarth Shaw LLP

BIPA: Plaintiff’s New Cash Cow

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Since its enactment a decade ago, the Illinois Biometric Information Privacy Act (BIPA) has seen a recent spike in attention from employees and consumers alike. This is due, in large part, to the technological advancements...more

Littler

Dear Littler: What Does Our Company Need To Do Before We Begin Using Biometric Timeclocks?

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Dear Littler: We are going to replace the punch-card timeclocks in our U.S. facilities with timeclocks that allow employees to “clock in” each day using their fingerprint. I’ve read about a flood of recently filed class...more

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