Biometric Litigation
DE Under 3: FTC Enters the Biometric Privacy Protection Conversation
Digital Planning Podcast Episode: Understanding Biometrics and the Impact on Estate Planning
Illinois Supreme Court Clarifies BIPA Violation Accruals, Opening the Door for “Annihilative” Damage
Podcast: BIPA Trends in 2022
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JONES DAY PRESENTS® The Impact of Digital Health on Research and Clinical Trials
#BigIdeas2020: Facial Recognition Technology and Employer Compliance - Employment Law This Week® - Trending News
5 Key Takeaways | Biometrics: Identifying and Mitigating Legal Risks
Le 11 août 2025, le Commissariat à la protection de la vie privée du Canada (le « Commissariat ») a publié un document d’orientation (le « document d’orientation ») à l’intention des organisations du secteur privé au sujet de...more
Otter.ai is facing a federal class action in California alleging that its AI transcription tool, Otter Notetaker, secretly recorded private conversations on popular video conferencing platforms without proper consent. The...more
When using biometrics in advertising, consent is not enough. IAB Canada, a trade association for Canada’s interactive marketing and advertising industry, recently issued policy paper on using biometrics in digital...more
On August 11, 2025, the Office of the Privacy Commissioner of Canada (OPC) published guidance (Guidance) for private-sector organizations on their privacy obligations under the Personal Information Protection and Electronic...more
On August 11, 2025, the Office of the Privacy Commissioner of Canada ("OPC") issued two sets of guidance for processing of individual's biometric data: one for federal institutions and one for private businesses. Below we...more
The Colorado Attorney General’s Office recently released proposed rule amendments to the Colorado Privacy Act (CPA) that, if adopted, would create some of the most robust protections for minors’ online data in the United...more
In this Privacy, Cyber & AI Decoded alert, we cover Colorado’s Biometric Identifier Requirements, Delaware’s Data Protection Assessment Requirement, Minnesota’s new comprehensive privacy law going into effect, Tennessee’s...more
Amazon and Starbucks notched a decisive win in the fast-evolving world of biometric privacy litigation, securing the full dismissal of a proposed class action in the U.S. District Court for the Western District of Washington....more
Last May, Colorado Governor Jared Polis signed into law amendments to the Colorado Privacy Act ("CPA") that impose new obligations governing the collection, processing, retention, and disclosure of Coloradans' biometrics. The...more
In today’s data-driven sports industry, teams, leagues and sponsors increasingly rely on biometric and performance data to enhance player performance, prevent injuries and optimize contract negotiations. Such data collection...more
De nombreuses entreprises de services financiers sont tenues en vertu de lois et de règlements de vérifier l’identité de leurs clients. Il existe des outils technologiques novateurs qui simplifient le processus de...more
Many financial services businesses are subject to legal or regulatory obligations that require them to verify the identity of their customers. Although innovative technological tools, including those using artificial...more
Two recent decisions by Québec’s data protection authority, the Commission d’accès à l’information (the “CAI”), should serve as cautionary tales for any business contemplating the deployment of biometric information...more
The recent decision by the Commission d’accès à l’information du Québec (CAI) regarding a popular grocer’s biometric data project in Quebec has far-reaching implications for other businesses considering or currently using...more
With artificial intelligence becoming increasingly commonplace in the entertainment industry, lawmakers are enacting legislation regulating the use of AI as well as state privacy laws that regulate the use of personal and...more
On February 10, 2025, a Washington state resident filed a lawsuit on behalf of herself and similarly situated individuals against Amazon under the Washington My Health My Data Act (MHMD). This is the first lawsuit brought...more
The first class action complaint was filed under Washington’s My Health My Data Act (“MHMDA”) on February 10, 2025, more than a year after the law’s passage. When the law passed in April 2023, MHMDA was novel for its broad...more
On January 16, 2025, the Federal Trade Commission (“FTC”) announced its Final Rule amendments to the Children’s Online Privacy Protection Act (“COPPA”) Rule, which imposes requirements on website and online service operators...more
The Federal Trade Commission's first update in over a decade to its rules under the Children’s Online Privacy Protection Act (“COPPA”) did not bring the dramatic updates that some privacy advocates had requested. Instead, the...more
On January 16, 2025, the Federal Trade Commission (FTC or Commission) finalized changes to the Children’s Online Privacy Protection Act (COPPA) Rule (Final Rule). The Final Rule adopts certain amendments that were proposed in...more
On December 6, 2024, the Colorado Attorney General’s Office notified the public that it adopted the updated Colorado Privacy Act (CPA) Rules, as a follow-up to the amendments to the CPA made earlier in the year (collectively,...more
The Colorado AG’s office adopted draft amendments to the Colorado Privacy Act rules last month. The adopted draft reflected input from the public to AG’s September 2024 version and addresses three key issues. First, on...more
In June, the U.S. Court of Appeals for the Ninth Circuit affirmed a social media company’s summary judgment win on BIPA claims, in a sophisticated ruling providing a plausible path forward for technology companies and others...more
Last month, two key members of Congress released a draft of the American Privacy Rights Act (“APRA”), comprehensive legislation that would change the landscape of consumer privacy law in the United States. If passed, APRA...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