News & Analysis as of

Private Right of Action Privacy Laws 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

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

King & Spalding

Is Illinois’ GIPA the Next BIPA?

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Perhaps in response to recent success pursuing claims under Illinois’ Biometric Information Privacy Act (BIPA), the plaintiffs’ bar is now also pursuing class actions against employers under another unique Illinois privacy...more

Davis Wright Tremaine LLP

U.S. District Court Holds That BIPA's Liquidated Damages Are Discretionary

The U.S. District Court for the Northern District of Illinois, Eastern Division, issued an order on June 30, 2023, that may substantially alter the risk exposure for entities sued for violations of the Illinois Biometric...more

Rothwell, Figg, Ernst & Manbeck, P.C.

The Supreme Court Declines to Further Clarify Standing for Privacy Claims in Wakefield v. ViSalus

A number of federal privacy laws provide private rights of action, allowing individuals (or class actions) to bring claims alleging violations of certain privacy laws. Some examples of these statutes include the Video Privacy...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

King & Spalding

New York City Restricts Use of Biometric Data

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On July 9, 2021, new restrictions on biometric monitoring similar to the Illinois Biometric Information Privacy Act (BIPA) were added into New York City’s administrative code (N.Y.C. Admin. Code §§ 22-1201 et. seq.). These...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

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

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

Fisher Phillips

Illinois Supreme Court Clears Path For More Biometric Data Privacy Lawsuits

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The Illinois Supreme Court on January 25th, made it far easier for workers to bring suit against their employers for technical violations of the state’s biometric information privacy statute, putting employers on notice that...more

Vedder Price

BIPA ALERT: An Opening of the Litigation Floodgates?

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No Actual Harm Necessary to Assert Biometric Privacy Claims in Illinois - On January 25th, the Illinois Supreme Court held that an individual does not need to allege actual harm in order to seek liquidated damages and...more

Moore & Van Allen PLLC

Illinois Supreme Court Rules on Biometric Privacy Case

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On January 25th, the Illinois Supreme Court unanimously held that actual harm was not a necessary component of proving a breach of the state’s Biometric Information Privacy Act. This ruling found that Stacy Rosenbach, the...more

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