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Recently, Texas Attorney General (AG) Ken Paxton announced the launch of a Texas data privacy and security law enforcement initiative by establishing a new unit focusing on Texas’ privacy laws. The AG’s Office made the...more
The Current Status of Privacy Laws Across the United States - Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law....more
Does your business collect or use fingerprints? Do your building access points use retina, finger, or palm scans? Does your security office use facial recognition technology to identify repeated trespassers? Do your phone...more
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
Since the Illinois Supreme Court’s Rosenbach decision holding that BIPA is actionable on the mere showing of statutory violations rather than actual harm, litigants and courts alike have been busy shaping BIPA case law. Here...more
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
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
Biometric data is becoming increasingly pervasive in our daily lives—we use it to unlock smartphones, gain entry to entertainment venues, access secured locations, and record time and attendance on the job site....more
The Facebook company now known as Meta announced this week that it is shutting down the Face Recognition system on Facebook. Meta stated that this is part of a company-wide move to limit the use of facial recognition...more
As we’ve written here and here, New York City’s Biometric Identifier Information Law (the “NYC Law”) is now in force, effective Friday, July 9th. The NYC Law requires that places of entertainment, retail stores and food and...more
Your body may be a wonderland or a wasteland, but it is a goldmine of data. Collectors of information have noticed. In our midwinter exploration of the economic and legal foundations of data regulation, we next turn to a...more
Facial recognition technology has rapidly transformed—and enhanced—the consumer experience across numerous industries. This includes travel, hospitality, retail, and healthcare, to name a few. Notably, facial recognition is...more
Although the Presidential race is unconfirmed at the time of this writing, there are several data privacy and security laws to put on your radar following the election this week....more
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
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
Washington may be the next state to enact its own data privacy law after a bill was introduced into the Washington State Senate earlier this month. Known as the Washington Privacy Act, the bill’s sponsor, Sen. Reuven Carlyle,...more
Washington state has joined the growing ranks of states considering data privacy legislation in the wake of the European General Data Privacy Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Senate Bill 5376,...more
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
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
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
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
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 information....more
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
We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting,...more
The developers of two NBA video games were successful this week in getting a putative class action alleging violations of the Illinois Biometrics law dismissed....more