News & Analysis as of

Facial Recognition Technology

Illinois Considering Amendments to Biometric Privacy Law (BIPA) That Would Create Major Exemptions to Its Scope

We have written before about the issues presented by the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”). BIPA is still the only state biometric privacy statute with a private right of action. It...more

The Weekly Privacy Rewind

by BakerHostetler on

Canada - Data Breach Notification Provisions of PIPEDA Act Go Into Effect Nov. 1, 2018 - • Pursuant to a March 26, 2018 Order in Council, the mandatory breach notification provisions of Canada’s Personal Information...more

Facebook Granted Dismissal of Biometric Privacy Claims Brought by “Non-Users”

This week, the District Court for the Northern District of California dismissed the Gullen putative class action asserting Illinois biometric privacy claims brought by “non-users” based on evidence that the social media site...more

Law Enforcement Has Found a New Way to Put a Finger on iPhone Evidence: eDiscovery Trends

by CloudNine on

A dead finger, that is. Believe it or not, cops are now opening iPhones with dead people’s fingerprints. A couple of days ago Sharon Nelson (on her excellent Ride the Lightning blog) covered a Forbes article that discussed...more

Procedural Violations of BIPA: One Court Says They Cause Actual Harm and Confer Standing-How Long Will This Ruling Hold Up?

In a recent ten-page order, a federal judge of the United States District Court for the Northern District of California declined to dismiss a lawsuit against Facebook alleging that Facebook’s “Tag Suggestions” feature...more

California Federal District Court Does Not ‘Like’ Facebook’s Standing Argument In Illinois Biometric Information Privacy Act Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In light of the uncertainties surrounding lawsuits alleging violations of the Illinois Information Biometric Privacy Act (“BIPA”), the Northern District of California has taken a firm position on a...more

Australia takes the lead on digital identity

Australia is setting the pace on digital identity, though concerns remain over privacy protection and digital inclusion. Ahead of the Australian Regulatory Summit on 11 April, we look at how this progress is being achieved....more

Pending Federal Cases Could Have Implications for Future Litigation under the Illinois Biometric Information Privacy Act

by Ropes & Gray LLP on

In two recent, related decisions, U.S. District Judge James Donato from the Northern District of California allowed plaintiffs to proceed on claims against Facebook under the Illinois Biometric Information Privacy Act...more

Facebook Can’t Shake Illinois Biometric Proposed Class Action Case

We have previously reported on Facebook’s fight against a proposed class action case alleging violation of the Illinois Biometric Information Privacy Act (BIPA)....more

About face: court finds biometric information creates unique privacy rights

Just two months after an Illinois appellate court dismissed a similar complaint alleging a violation of the Illinois Biometric Information Privacy Act (BIPA), a California federal court found that a claim asserted under BIPA...more

California Facebook Decision At Odds With Illinois Courts

by BakerHostetler on

On February 26, 2018, the United States District Court for the Northern District of California denied Facebook, Inc.’s motion to dismiss the plaintiffs’ consolidated class action complaint for failure to allege a concrete...more

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

Facebook Loses Second Attempt to Dismiss Biometric Data Class Action

Last week, a federal district judge in California shot down Facebook, Inc.’s second attempt to dismiss a putative class action alleging that its facial recognition software violates the Illinois Biometric Privacy Act (BIPA)....more

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

by 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

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

by Locke Lord LLP on

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

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

by McGuireWoods LLP on

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

BIPA: Plaintiff’s New Cash Cow

by Seyfarth Shaw LLP on

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

Facial Recognition in Retail: “Attention all Shoppers: We Already Know Everything about You”

by Goulston & Storrs PC on

Are you worried that “Alexa” is listening to your conversations? Do you cover your laptop camera with tape and refuse to store your passwords on your devices? Well, it looks like even stepping into the mall may require a...more

Illinois Biometric Lawsuit Against Facebook Moves Through Court System

by Reed Smith on

A 2015 lawsuit brought by Facebook users over the company’s alleged unauthorized collection of their facial features and other facial biometric data pursuant to the Illinois Biometric Information Privacy Act (“BIPA”) is...more

Google App Disables Art-Selfie Biometric Comparison Tool in Illinois and Texas

We have been closely following the legal and legislative developments relating to biometric privacy, and in particular, the flow of litigation under the Illinois biometrics privacy law. It was interesting to see how the...more

Six Flags Survives Biometric Law Roller Coaster Courtesy of Appellate Court

Companies that collect and store biometric information from their customers and employees received good news from an Illinois appeals court in late December, a much-needed win in an area that has seen a massive rise in class...more

Social Links: Facebook ups its facial recognition game; retracing Twitter’s 2017 missteps; YouTube stars’ fan bases reach their...

In order to comply with a new German law requiring social media sites to take down hate speech, Twitter and Facebook removed anti-Islamic social media posts authored by a German far-right political party....more

Recent Illinois Appellate Court Ruling Could End The Recent Flood Of Class Action Lawsuits Against Employers Under Illinois'...

by Littler on

Since mid-September 2017, more than 50 employers that use “biometric timeclocks” in Illinois have been targeted with class action lawsuits alleging violations of the state’s Biometric Information Privacy Act (“BIPA”). A...more

Recent Surge in Class Actions Involving “Biometric” Data: What Employers Need to Know and Do Now

by Epstein Becker & Green on

In the past six months alone, roughly 30 employment class actions have been filed in Illinois claiming violations of a state law that some employers may have never even heard of, or are only vaguely familiar with—the 2008...more

Avatars, Facial Scans & Virtual Basketball: Second Circuit Tosses Biometric Privacy Case

A recent federal appellate ruling delivered a significant blow to invasion of privacy claims based on facial recognition technology used to scan users’ faces that are then put on their personalized players “in-game,” allowing...more

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Cybersecurity

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