Facial Recognition and Legal Boundaries: The Clearview AI Case Study — Regulatory Oversight Podcast
#WorkforceWednesday® - State Legal Trends: Crucial Changes for Employers - Employment Law This Week®
Biometric Litigation
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
Podcast: BIPA Trends in 2022
Data Privacy Legislation, Part 2 (and bonus tips on teleworking from two law mamas who feel your pain!)
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
On Thursday, March 20, a federal judge in the Northern District of Illinois granted final approval to a settlement agreement under which Clearview AI (Clearview) agreed to pay an estimated $51.75 million to a nationwide class...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
The United States Court of Appeals for the Seventh Circuit, applying Illinois law, has held that an exclusion for claims arising out of any access to or disclosure of any person’s “confidential or personal information” bars...more
Introduction - Illinois has enacted laws addressing rights and obligations related to data privacy. Companies and organizations that handle, collect, disseminate, or otherwise deal in nonpublic information have a number of...more
The Illinois Genetic Information Privacy Act (“GIPA”) was enacted in 1998, and although minimal litigation followed in the years following its enaction, we are now seeing a significant surge in litigation similar to that...more
NIST Publishes Report on the Cybersecurity of Genomic Data. On December 20, 2023, the NIST National Cybersecurity Center of Excellence (NCCoE) published Final NIST IR 8432, Cybersecurity of Genomic Data. Informed by direction...more
Editor’s Note: The FTC continues to crack down on privacy and cybersecurity, including issuing a new warning to tax preparation companies and entering into a consent decree with 1Health.io. VPPA and BIPA litigation continues...more
Notwithstanding the deluge of data breach and internet eavesdropping privacy cases, companies also continue to face an onslaught of biometric privacy actions under statutes like the Illinois Biometric Information Privacy Act...more
Welcome to this month's issue of The BR Privacy & Security Download, the digital newsletter of Blank Rome’s Privacy, Security & Data Protection practice....more
Seyfarth Synopsis: In February 2023, the Illinois Supreme Court issued a landmark opinion in Cothron v. White Castle finding that claims under the Illinois Biometric Information Privacy Act (“BIPA”) accrue each time a private...more
The enactment of biometric privacy laws is a growing trend across the country. Existing legislation has led to a boon of class action litigation against employers, consumer-facing businesses, and technology companies for...more
Washington Governor Jay Inslee signed into law House Bill 1155, also known as the My Health, My Data Act (the Act), on April 27, 2023. The Act goes into full effect for “regulated entities” on March 31, 2024 (and later for...more
Editor’s Note: Iowa became the sixth state in the nation to enact a comprehensive privacy law, and California’s latest privacy regulations came into effect. At the federal level, Congress experienced a leak of sensitive...more
Why is protecting biometric information so important? Biometrics rely on our physical features to securely gain access to sensitive data—think facial and iris/retina recognition, or fingerprint and even voice scanning. The...more
While there is no comprehensive, federal United States law governing privacy, there are several major state laws that are currently in place. To help our clients assess their compliance posture, we have published a quick,...more
In a unanimous decision, the Illinois Supreme Court held that an appellate court erred “in applying two different statutes of limitations” to Illinois’ Biometric Information and Privacy Act (BIPA). Accordingly, all BIPA...more
Over the past few decades, technology has taken a fascinating turn. One can use a retinal scan to expedite the airport security process. Need to clock in for work? This can be done with the scan of a finger. We even have the...more
In Joshua Johnson v. Mitek Systems, Inc., the Seventh Circuit affirmed a district court order denying defendant Mitek Systems, Inc.’s motion to compel arbitration of the plaintiff’s claims brought under the Illinois Biometric...more
With football season in full swing, fans and fantasy football owners alike are busy watching games and tossing around acronyms like passes – Xs and Os, TDs, PATs, PPR, YACs, and many more. And on the legal gridiron, insurers...more
Pandora’s Virtual Try-On Tool Leads to BIPA Class Complaint - On November 15, 2022, a group of plaintiffs brought a purported class action against Pandora Jewelry LLC, claiming that its virtual try-on tool violates...more
Editor’s Note: The California Privacy Protection Agency released amendments to its draft regulations, and the Consumer Finance Protection Bureau contemplates rulemaking on sharing financial data. In U.S. litigation, the first...more
FTC Is Tracking Twitter Developments With “Deep Concern” - Elon Musk’s recent purchase of Twitter has led to numerous resignations in the security department. Most recently, Twitter’s chief information security officer,...more
On October 17, a U.S. District Court for the Western District of Washington issued an order and judgment, ending two related putative class actions alleging tech companies violated Illinois’ Biometric Information Privacy Act...more
Kidnapping, treasure hunts, insurgents shooting down airplanes — sounds like the Fall TV lineup. But no, it’s our October Insurance Update. And in honor of the month’s most treasured sporting event, the Fall Classic, we...more