Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics
Data Privacy Legislation, Part 2 (and bonus tips on teleworking from two law mamas who feel your pain!)
In a December, the Information Commissioner’s Office (ICO) responded to Google’s decision to lift a prohibition on device fingerprinting (which involves collecting and combining information about a device’s software and...more
UK Data Regulator Responds to Google’s Policy Shift on Fingerprinting - Google announced that starting February 16, 2025, its platform program policies will change to remove the prohibition in its current policies against...more
On January 17, the District of Columbia Circuit issued a pivotal opinion regarding the Fifth Amendment rights of a defendant-appellant compelled by the FBI to unlock his cellphone using his thumbprint. The D.C. Circuit’s...more
On December 6, FINRA accepted a New York-based member firm’s Letter of Acceptance, Waiver, and Consent which addressed allegations of the firm’s failure to take required fingerprints of most associated persons prior to or...more
Employers are increasingly interested in the use of biometrics in the workplace. In fact, Quebec’s privacy regulator, the Commission d’accès à l’information (CAI), indicates in its 2023-2024 Annual Activity and Management...more
Plaintiffs are persistently crafting creative legal theories to target tracking technologies. One new approach is to characterize tracking technologies as “pen registers” or “trap and trace devices” used in violation of...more
In a recent decision, the Litigation Chamber of the Belgian Data Protection Authority (DPA) indicated that it is unlikely that valid consent to the processing of biometric data can be given in the context of an employment...more
Laura Balson in our Chicago office recently discussed an amendment to the Illinois Biometric Information Privacy Act. At that time, the Illinois House and Senate had passed an amendment to Illinois Biometric Information...more
Companies’ use of their customers’ biometric data has been increasing for a couple of decades. Numerous state and federal laws regulate how consumer biometric data can be stored and used and require notices to consumers about...more
In a major change to a law that produced extraordinarily high damages claims and settlements, the Illinois General Assembly amended the Biometric Information Privacy Act (BIPA) to substantially reduce potential liability for...more
A new Illinois law limits the damages plaintiffs can seek under the state’s Biometric Information Privacy Act (BIPA). Our Labor & Employment Group explores the change’s impact on employers....more
An amendment to Illinois’ biometric privacy law, the Illinois Biometric Information Privacy Act (“BIPA”) has finally become law. And, this amendment implements major changes to how damages accrue under BIPA....more
Earlier this year, we reported that the Illinois Senate passed Senate Bill 2979 with a vote of 46 to 13, and the Illinois House of Representatives passed Senate Bill 2979 with a vote 81 to 30. This bill addressed concerns...more
On August 5, 2024, Illinois Governor J.B. Pritzker signed into law SB 2979, significantly amending the state’s Biometric Information Privacy Act (BIPA). This update represents a considerable decrease in the potential for...more
Governor J.B. Pritzker has signed Senate Bill 2979 into law, significantly amending the Biometric Information Privacy Act (BIPA), yet retaining the availability of statutory damages that have been so problematic for current...more
On August 2, 2024, Illinois Governor J.B. Pritzker signed into law Senate Bill 2979 (the “Amendment”), implementing long-awaited, highly anticipated reform to the Illinois Biometric Information Privacy Act (BIPA). The...more
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
Keypoint: The Texas Attorney General reached a $1.4 billion settlement with Meta over its alleged violations of Texas’ biometric privacy law. On July 30, 2024, the Texas Attorney General announced that it has reached a $1.4...more
On July 2, Judge Sunil Harjani of the Northern District of Illinois issued an opinion in Sanders v. E.A. Sween Company holding that an employee who was not a member of a union, but was a member of a collective bargaining unit...more
The Illinois Biometric Information Privacy Act has become a hot topic within recent months, due largely in part to massive payouts in the courts and new proposed legislation to modify the law. Earlier this year, state Sen....more
On June 24, 2024, the Brazilian Data Protection Authority (ANPD) released the second edition of Radar Tecnológico (Technology Radar). This edition (the “Paper”) focuses on "Biometrics and Facial Recognition." The Paper...more
Last week Marriott Hotel Services was hit with a class action lawsuit for alleged violations of the Illinois’ Biometrics Information Privacy Act (BIPA). The lawsuit alleges that the hotel violated BIPA by requiring workers to...more
Last week, as the Illinois legislative session nears its close, the Illinois House of Representatives voted to enact Senate Bill 2979, the Biometric Information Privacy Act (BIPA) reform amendment that had previously passed...more
On May 16, 2024, the Illinois Legislature passed Senate Bill 2979 (SB2979), marking a significant amendment to how damages are calculated under the Illinois Biometric Information Privacy Act (BIPA). This amendment refines the...more