News & Analysis as of

Facial Recognition Technology Biometric Information

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

The Second Circuit Provides A Roadmap For Employers Defending Claims Under Illinois’ Biometric Information Privacy Act

by Littler on

While the emergence of biometric technology in the workplace is not a new phenomenon, employers being sued for utilizing this technology is a new trend. Over the past three months, more than 30 class action lawsuits have...more

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

by Littler on

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

Appeals Court Affirms Dismissal on Standing Grounds of Biometric Privacy Suit over Videogame Facial Scan Feature

With the flood of Illinois biometric privacy suits lodged against employers in recent months, and multiple biometric privacy suits against social media and other mobile platforms currently pending over the use of photo...more

Allegations of Procedural Biometric Data Privacy Violations Not Enough for Class Action, Says Appeals Court

by Fenwick & West LLP on

The U.S. Court of Appeals for the Second Circuit on Nov. 21, 2017, affirmed the dismissal of a putative class action alleging violations of the Illinois Biometric Information Privacy Act for failing to allege a material risk...more

Biometric Data in the Workplace Could Trigger Privacy Litigation Wave

by Jones Day on

The Situation: While biometric data (such as fingerprints, facial recognition technology, and iris scans) can be used effectively in the workplace, privacy advocates worry that anonymity could be undermined, and plaintiffs'...more

Biometric Privacy Targeted In Increased Class Action Litigation in Illinois

by Bryan Cave on

Even as technology advances and consumers become more accustomed to providing their fingerprints in routine, everyday transactions (such as unlocking their cellular phones), private entities, and employers in particular, are...more

Do You Have “Security Fatigue”?

Every day it seems a new data security breach has occurred, a new “cyber hack” is in the news…making us run to our phones, computers, bank accounts, you name it, to see if we could be the “one” affected. As a result, more and...more

Biometric Information Privacy Act (BIPA): A Checklist for Defendants

by Locke Lord LLP on

The rising tide of litigation under Illinois’s Biometric Information Privacy Act (BIPA) shows no sign of ebbing anytime soon. No industry is immune, and here’s what companies should consider if they’ve been named as a...more

Litigation Under Illinois Biometric Information Privacy Act Highlights Biometric Data Risks

by K&L Gates LLP on

Since June 1, 2017, over thirty class actions have been filed in Illinois alleging claims under the Illinois Biometric Information Privacy Act (“Illinois BIPA”), which regulates the use and retention of biometric...more

The Next Employment Class Action Lawsuit That Will Blindside You

by BakerHostetler on

Do any of your office systems involve fingerprint scans or facial recognition? If so, and if you have any Illinois business operations, you may soon become a target of the latest round of employment class actions....more

Biometric Time Clocks May Be a Ticking Time Bomb for Employers

by Locke Lord LLP on

Employers in Illinois that are using biometric time clocks that use fingerprints or other biometric identifiers to identify particular employees need to be aware of the substantial compliance obligations imposed by the...more

A “New” Frontier for Plaintiffs Class Action Attorneys -- the Illinois Biometric Information Privacy Act: Can Technical...

by Clark Hill PLC on

Since November 2016, over thirty-five class action lawsuits have been brought under the Illinois Biometric Information Privacy Act (the Illinois “BIPA”) in Illinois state and federal courts. Under the Illinois BIPA (which was...more

Washington's New Biometric Privacy Statute and How It Compares to Illinois and Texas Law

by Alston & Bird on

Washington recently became the third state to pass a statute regulating the commercial use of biometric identifiers. The growing trend of state biometric privacy legislation began in 2008, when Illinois enacted the Bio-metric...more

Developments With the Biometric Information Privacy Act

by McGuireWoods LLP on

Illinois’ stringent Biometric Information Privacy Act (BIPA) has spawned a slew of recent single-plaintiff and class actions with large potential damages. Increasingly, employers use biometric data for timekeeping, security,...more

New Wave Of Biometric Privacy Class Actions: Could You Be A Target?

by Shook, Hardy & Bacon L.L.P. on

While the privacy world is focused on the Equifax data breach, another development is taking place that could have a more lasting effect on privacy law. In the last month, plaintiffs’ lawyers in Illinois have filed over 20...more

Hazards Ahead: Uptick In Biometric Privacy Laws Can Put Employers In Hot Seat

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A string of recent class action lawsuits regarding businesses’ use of employees’ biometric data should put employers on heightened alert regarding compliance with various state biometric privacy laws....more

Wow! Illinois Biometric Privacy Suits Proliferate

This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant...more

Illinois Biometric Case Against Shutterfly Survives

We have been following biometric cases in Illinois, including the case against Shutterfly. Late last week, an Illinois federal judge denied Shutterfly’s motion to dismiss the case against Shutterfly alleging that it violates...more

Update: Another Court Gives Broad Reading to Illinois Biometric Privacy Act

by McGuireWoods LLP on

Another court ruling this week concludes that the Illinois Biometric Information Privacy Act (IBIPA) covers face geometry scans that are created from digital images, again rejecting the argument that the statute should apply...more

Apple X’s Face ID Feature Places Spotlight on Facial Recognition Technology, Raising Numerous Mobile Privacy and Data Usage Issues

This week’s Apple X announcement was not more than a few hours old, and the questions began to come in. Apple’s introduction of Face ID facial recognition on its new phone – although already available in some form on several...more

Employers Increasingly Targets Of Illinois Biometric Information Privacy Act Lawsuits

by Jackson Lewis P.C. on

Although the Illinois Biometric Information Privacy Act has been the law in Illinois since 2008, in the past year, there have been at least 12 class actions filed against employers in Illinois state and federal courts seeking...more

Be Careful When Using Biometric Information

by Franczek Radelet P.C. on

While not strictly speaking a wage and hour issue, here is a heads-up to any employers that use timekeeping systems featuring biometric security, like a thumbprint or fingerprint scanner... ...more

French Data Protection Authority Approves Implementation of Biometric Authentication Tools in Banking Sector

by Jones Day on

On May 29, 2017, the French Data Protection Authority (Commission Nationale Informatique et Libertés, or "CNIL") announced that it had authorized nine banking institutions to implement, on an experimental basis,...more

Employees Assert Illinois Biometric Privacy Claims against Supermarket over Fingerprint Collection Practices

Even though Washington passed its own biometric privacy law last month (HB 1493), and other states are currently debating their own bills, Illinois’s Biometric Information Privacy Act (BIPA) is still the crux of biometric and...more

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