News & Analysis as of

Fingerprints

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

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

Georgia General Assembly Considering New Background Check Legislation

by Arnall Golden Gregory LLP on

The Georgia General Assembly is considering new legislation that would implement a comprehensive program of national fingerprint background checks for Georgia long-term care facilities. If passed, Senate Bill 406, the...more

Keeping Your Biometrics Private

by Reed Smith on

Suparossa Restaurant Group LLP, a Chicago-based restaurant company, has been served with a class action complaint alleging that the company has violated the Illinois Biometric Information Privacy Act (“BIPA”). The BIPA is an...more

Actual Injury Required to Sue Under Illinois Biometric Information Privacy Act

In recent years, the use of biometrics in business has been growing. In the employment context, for example, some employers use biometric time clocks, which allow employees to “clock in” with a fingerprint or iris scan....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

Litigants Alleging Procedural Violations of Illinois Biometric Privacy Statute (BIPA) Are Not “Aggrieved” Parties That May Seek...

As 2017 drew to an end, we noted the continuing flood of Illinois biometric privacy suits filed over the past year. There are literally dozens of cases pending, most in Illinois state courts, alleging violation of Illinois’s...more

Illinois’ BIPA statute – Finally Some Good News for Employers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As the number of class action lawsuits alleging violations of the Illinois Biometric Information Privacy Act (“BIPA”) has exploded in the last six months, defendants have been eagerly awaiting guidance...more

Score One for Employers: One Illinois Appellate Court’s Pre-Holiday Gift to Companies Facing Lawsuits Alleging Violations Under...

by Clark Hill PLC on

Over the past year, the number of class action lawsuits alleging violations of the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) has exceeded sixty. A majority of these lawsuits have been filed against...more

Illinois Court Of Appeals Holds BIPA Plaintiffs Must Allege Some Actual Harm

by Jackson Lewis P.C. on

In a ruling that may have significant impact on the recent wave of biometric privacy suits, an Illinois state appeals court held that plaintiffs must claim actual harm to be considered an “aggrieved person” covered by...more

Illinois Appellate Court Turns The Tide In Favor Of Employers In Class Actions Brought Under The Illinois Biometric Privacy Act...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As the number of class action lawsuits alleging violations of the Illinois Information Biometric Privacy Act (“BIPA”) has exploded in the last six months, defendants have been eagerly awaiting guidance...more

Athletes and their Biometric Data – Who Owns It and How It Can Be Used

More than ever before, biometric data, a term often used broadly to refer to metrics related to human characteristics, is being collected at a faster pace. Devices of all kinds are now able to able to track and store data...more

Wave of Illinois Biometric Privacy Suits Continues Unabated

After noting the flood of Illinois biometric privacy suits in September, it appears that the flow of such suits remains robust. Dozens of suits have been filed in Illinois state court against Illinois-based employers and...more

Trying To Put A Finger On The New Frontier Of Privacy Compliance: Biometric Data

by SmithAmundsen LLC on

Unlike social security numbers or credit cards, you can’t change your retina or fingerprint. Perhaps for that simple reason, biometric data may be the new black in terms of security and employment procedures for companies of...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

New HR Technology Breeds A Rise In Class Action Litigation

by Akerman LLP on

Many employers concerned about facility security or employees clocking in and out for each other have begun to utilize finger scan technology. Although that may have solved one problem, it may have created a much more serious...more

Second Circuit Delivers Limited Victory to Defendant Under Illinois Biometric Information Privacy Act and Spokeo.

by Locke Lord LLP on

On November 21, 2017, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a case under Illinois’s Biometric Information Privacy Act (“BIPA”), finding that none of the alleged violations created a...more

Illinois’s Biometric Information Privacy Act Spurs Similar Legislation Around the Country.

by Locke Lord LLP on

Dozens of employers have been caught off guard by the rash of class-action lawsuits recently filed in Illinois alleging violations of Illinois’s Biometric Information Privacy Act (BIPA). But while Illinois was the first, it...more

An Employer’s Duty To Accommodate Not So-Common Religious Practices

by Pepper Hamilton LLP on

Q. An employee has requested that the company give her an accommodation due to a religious practice I have never heard of. Do we have to comply with this request? A. Title VII of the Civil Rights Act of 1964 protects...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

The Risky Business of Using Biometric Information: Insurance Coverage Considerations

by K&L Gates LLP on

Illinois has recently entered the litigation spotlight due to the growing number of actions being brought under the state’s Biometric Information Privacy Act (the “Illinois BIPA”). Illinois is one of only several states that...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

No Fingerprinting as a Religious Accommodation? Yes, Says Court

by Shipman & Goodwin LLP on

You wouldn’t think that fingerprinting would be brought into the world of religious accommodations. After all, the importance of background checks cannot be denied, particularly when the prospective employee is going to...more

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Cybersecurity

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