News & Analysis as of

Data Privacy Private Right of Action Biometric Information Privacy Act

Epstein Becker & Green

Biometric Backlash: The Rising Wave of Litigation Under BIPA and Beyond

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Biometric technologies—such as fingerprint scanners, facial recognition systems, and retina scans—are now commonplace in modern business operations....more

King & Spalding

Illinois BIPA Reform Takes Effect

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The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...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

Woods Rogers

Biometric Privacy Trial Is a Milestone in Privacy Law

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Generally, biometric privacy laws seek to protect the unique attributes of human beings that could be leveraged to access sensitive information about them, such as fingerprints and the measurements utilized for facial...more

Troutman Pepper Locke

A Fresh “Face” of Privacy: 2022 Biometric Laws

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Q: What states have biometric laws and what does this mean for my company? ...more

Levenfeld Pearlstein, LLC

Illinois Supreme Court to Decide Biometric Data Case with Far-Reaching Implications for Employers

Illinois’ Biometric Information Privacy Act (BIPA) continues to generate buzz and significant litigation. In 2020, ADP and Facebook each entered into multi-million dollar settlements to resolve claims that they violated the...more

Holland & Knight LLP

NYC Passes Biometric Data Protection Laws Aimed at Businesses, Smart Access Building Owners

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New York City has set its sights on biometric data protection this summer, passing two laws regulating the use of biometric information within the same month. The New York City Council amended its administrative code on July...more

Rivkin Radler LLP

Businesses Face New Litigation Risk Over Biometric Information

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Social media has played an oversized role in lawsuits under state and local biometric privacy laws, including especially the Illinois Biometric Information Privacy Act (BIPA). See, e.g., Thornley v. Clearview AI, Inc., 984...more

Seyfarth Shaw LLP

New York City’s New Biometric Privacy Law Goes Into Effect July 9, 2021

Seyfarth Shaw LLP on

Seyfarth Synopsis: New York City’s new biometric privacy ordinance creates a private right of action for individuals that could subject local businesses to potentially millions of dollars in liability. Employers who do...more

Jackson Lewis P.C.

NYC Creates BIPA-Like Requirements For Retail, Hospitality Businesses Concerning Biometric Information Collected From Customers

Jackson Lewis P.C. on

Effective July 9, 2021, certain retail and hospitality businesses that collect and use “biometric identifier information” from customers will need to post conspicuous notices near all customer entrances to their facilities. ...more

Bradley Arant Boult Cummings LLP

Biometric Privacy Law Expansions and Private Rights of Action

The days of only seeing biometric techniques in spy films are well behind us. A simple thumbprint can open a phone. Systems like Alexa can recognize your voice and play your favorite music. Some banks even allow customers to...more

International Lawyers Network

Don’t Smile at the Camera – New Biometric Data Laws

Biometric data is seen as a preferred means of identification by many businesses. Unlocking a smartphone using facial recognition and other biometric identifiers, for example, gives users the feeling as if they are more...more

Womble Bond Dickinson

States Gear Up to Limit Use of Biometrics and Biological Data

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This may be the year when the limitation of biometric capture goes national. Right now, companies using biometrics are driven by one state law, but others could soon join....more

Sheppard Mullin Richter & Hampton LLP

New York Proposes Biometric Privacy Act With Private Right of Action

On January 6, 2021, a bipartisan group of New York State lawmakers introduced Assembly Bill 27, the latest version of proposed privacy legislation that would allow consumers to sue companies for improperly using or retaining...more

Perkins Coie

Washington, New York, and Minnesota Introduce New Privacy Laws to Begin the New Year

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It’s a new year and it looks like 2021 is going to be another eventful one for privacy. In the past few weeks, we’ve seen several states introduce new privacy legislation, starting with Washington. On January 5, the...more

Fisher Phillips

New York State to Consider Biometric Privacy Law, Again

Fisher Phillips on

A bipartisan group of New York state lawmakers recently introduced privacy legislation that would impose new obligations on businesses related to biometric identifiers and biometric information. The Biometric Privacy Act...more

Kelley Drye & Warren LLP

Proposed NY Biometric Privacy Act Would Allow Private Right of Action

New York may become the latest state to allow consumers to sue companies for improperly collecting, retaining or using certain biometric data. Earlier this week, a bipartisan slate of state legislators (17 Democrats, 7...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

Proposed Biometric Privacy Law with Private Right of Action Introduced in New York

A dedicated biometric privacy law has been introduced by legislators in the New York State Assembly. The bill, titled the Biometric Privacy Act, would apply to private entities that collect, capture, purchase, receive through...more

BCLP

Biometric and Facial Recognition Lawsuits and Regulation “Face” National Expansion

BCLP on

The federal government is looking to put its finger on the pulse of biometric privacy with the proposed National Biometric Information Privacy Act of 2020 (S. 4400), introduced by United States Senators Bernie Sanders...more

Husch Blackwell LLP

Overview Of Recent Decisions Interpreting The Illinois Biometric Information Privacy Act

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Key Points- The Illinois Biometric Information Privacy Act (BIPA) is the most stringent privacy law in the country providing claimants with a private right of action without alleging actual injury....more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | July 2019

The Legal 500 Adds Shook to Top Rankings in Cyber Law- The Legal 500 United States has again recognized Shook, Hardy & Bacon as one of the premier litigation firms in the country, giving top marks to a variety of practices,...more

Eversheds Sutherland (US) LLP

Is the CCPA proliferating? A midyear data privacy legislative round-up

While the California Consumer Privacy Act (CCPA) and its potential amendments are still a top concern for businesses, other states are showing that they will not be left behind when it comes to enhanced privacy legislation....more

Sheppard Mullin Richter & Hampton LLP

Proposed Massachusetts Consumer Data Privacy Law Takes Lessons From Illinois’ Biometric Law

After Illinois passed its Biometric Information Privacy Act in 2008 (“BIPA”), other states have begun enacting legislation regulating business activities relating to biometric information. Texas and Washington were next,...more

Jackson Lewis P.C.

Illinois BIPA Defendants May Soon Be Getting Relief…Or Not

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UPDATE: As discussed below, SB2134, as introduced, would have amended BIPA to delete the language that creates a private right of action and provide, instead, that violations resulting from the collection of biometric...more

Seyfarth Shaw LLP

Newly Proposed Legislation To Restrict Biometric Privacy Class Actions In Illinois

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Seyfarth Synopsis: Although the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags may have upped the ante for employers facing litigation under the Illinois Biometric Information Privacy Act (“BIPA”)...more

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