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Biometric Information Employment Litigation Privacy Laws

Robinson+Cole Data Privacy + Security Insider

Getting Too Personal? Illinois Court Says Family Medical History is Genetic Information

On May 15, 2025, a district court in Illinois denied a motion by defendant Hospital Sisters Health System and Saint Francis (HSHS) to dismiss a class action claim brought against the hospital system under the Illinois Genetic...more

Ice Miller

Don’t Forget About Biometric Information Privacy Laws When Implementing AI in the Workplace

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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

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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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

Goodwin

Unlocking AI’s Power to Multiply Manufacturing Productivity

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To capture AI’s promise, manufacturers must take steps to protect privacy and root out bias, particularly when they train their systems on data about employees. ...more

Sheppard Mullin Richter & Hampton LLP

Illinois Supreme Court Finds Federal Law Labor Preempts Union Members’ BIPA Claims

Can unionized employees sue their employers in court for violations of Illinois’ Biometric Information Privacy Act (BIPA)? In a rare victory for BIPA defendants, the Illinois Supreme Court unanimously ruled they cannot....more

Jenner & Block

Client Alert: Employment-Related Litigation Risks and Insurance Coverage for Hospitality Companies in 2023

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Entering 2023, businesses in the hospitality industry continue to face significant litigation risks arising out of employment-related claims. In this article, we will highlight three areas of employment-related litigation...more

Fenwick & West LLP

BIPA’s Per-Scan Damages May Create “Annihilative Liability”

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The Illinois Supreme Court recently clarified when a Biometric Information Privacy Act (BIPA) claim accrues: each time, and not just the first time, a person’s biometric information is collected without consent. BIPA requires...more

Spilman Thomas & Battle, PLLC

Illinois Supreme Court and Biometric Privacy Cases – The Newest Developments and the Reach Well Beyond Illinois

Illinois has the strictest biometric privacy law in the country with the Biometric Information Privacy Act (“BIPA”). The BIPA requires employers who collect employees’ biometric data to follow a number of protocols. These...more

Sheppard Mullin Richter & Hampton LLP

Illinois High Court Rules “Per-Scan” Damages Can Be Awarded Under BIPA

February 2023 was a momentous month for Illinois’ Biometric Information Privacy Act (BIPA). Just two weeks after imposing a 5-year time limit for all BIPA claims, the Illinois Supreme Court resolved another pressing issue. In...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Rules Privacy Act Claims Have Five Year Statute of Limitations

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

Perkins Coie

Illinois Supreme Court Nixes Employer Biometric Privacy Defense

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In the latest in a series of setbacks for employers facing claims under the Illinois Biometric Information Privacy Act (BIPA) (740 ILCS 14 et seq.), the Supreme Court of Illinois held last month that the Illinois Workers’...more

Epstein Becker & Green

Employers Take Heed: Follow Illinois Biometric Privacy Rules or Risk a Losing Battle

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Employers in Illinois who collect, use, or retain their employees’ biometric data—personal information such as fingerprints or facial or voice recognition—need to be aware of a recent legal development....more

Sheppard Mullin Richter & Hampton LLP

Illinois Supreme Court Rules BIPA Claims Are Not Preempted by the Illinois Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court issued its long-awaited decision in McDonald v. Symphony Bronzeville Park, LLC, 2022 IL 126511, ruling that statutory violations of the Illinois Biometric Privacy Act (“BIPA”)...more

UB Greensfelder LLP

Illinois Supreme Court Rules Workers’ Compensation Act Does Not Bar Claims Under BIPA

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The Illinois Biometric Information Privacy Act (BIPA 740 ILCS 14/1 et seq.) requires employers to notify employees and other individuals before collecting their biometric identifiers such as fingerprints (...read our last...more

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