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
New biometric protections went into effect in Colorado on July 1. The Colorado Act on biometric identifiers and biometric data (the Act), House Bill 24-1130, amends the existing Colorado Privacy Act (CPA) (CO Rev Stat §...more
As employers deal with mounting pressure or desire to implement artificial intelligence in the workplace, they should not forget the laws in several states and localities that place limitations on the use and collection of...more
Three months into 2025, there appears to be no slowdown in the flood of privacy legislation being considered and enacted by both Congress and state legislatures. Since the California Consumer Privacy Protection Act was passed...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
A putative class action complaint filed against the parent company of the New York Mets underscores the need for businesses in New York City to comply with an oft-overlooked law governing the collection and use of consumer...more
On September 13, 2024, the Colorado Attorney General’s (AG) Office published proposed draft amendments to the Colorado Privacy Act (CPA) Rules. The proposals include new requirements related to biometric collection and use...more
The landmark $1.4 billion settlement reached by the state of Texas and a social media company to settle allegations that the company’s platform unlawfully scanned the faces of millions of users in Texas serves as a warning to...more
We’ve cautioned before about the danger of thinking only about US state “comprehensive” laws when looking to legal privacy and data security obligations in the United States. We’ve also mentioned that the US has a patchwork...more
The fingerprints of the federal courts are all over Biometric Information Privacy Act (BIPA) jurisprudence, and Illinois state courts may want to change that. A recent Illinois Appellate Court decision disagreed with a...more
2023 was an active year for data protection-related litigation. Plaintiffs continued to advance creative theories of liability against businesses, using both older and more established privacy laws (such as the Telephone...more
Class action litigation has exploded in cases involving violations of Illinois’ Biometric Information Privacy Act (“BIPA”). Less known and litigated is Illinois’s Genetic Information Privacy Act (“GIPA”) – enacted in...more
ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more
This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...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
On November 30, the Illinois Supreme Court unanimously ruled that the Biometric Information Privacy Act (BIPA) does not apply to health care workers whose fingerprints are collected, stored, and used to access medication and...more
On November 30, 2023, the Illinois Supreme Court unanimously held in Mosby et al. v. The Ingalls Memorial Hospital et al. that when biometrics of healthcare employees are collected in the course of providing medical services,...more
A federal judge in the Northern District of Illinois vacated a $228 million damages award issued following the first-ever jury verdict in an Illinois Biometric Information Privacy Act (Privacy Act or BIPA) class action and...more
In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...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
Biometric identifiers are unique to every individual. They include your fingerprints, facial structure, and even how you walk. There is the Illinois Biometric Information Protection Act (“BIPA”), and biometric protection...more
Since the start of the 2023 legislative session, at least 15 biometric privacy law proposals have emerged across 11 states (including Arizona, Hawaii, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, New York,...more
On February 2, 2023, the Supreme Court of the State of Illinois ruled that all claims under Section 15 of the state’s Biometric Information Privacy Act (Privacy Act or BIPA) have a five year statute of limitations. The...more
Your biometric data tells the tale of who you are in intricate detail. Often, your biometric data is used to verify your identity at work or school. Currently, Illinois has the most comprehensive biometric privacy law in the...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