Avoiding Liability Under the Illinois Biometric Information Privacy Act | Quinn Emanuel Urquhart & Sullivan, LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
A federal court this week in the McDonald’s AI litigation found that Plaintiff lacks Article III standing to pursue BIPA Section 15a and 15c claims. Consequently, it remanded these claims back to state court while letting other BIPA claims remain in federal court.
Thursday, March 4, 2021
The Illinois Biometric Information Privacy Act (“BIPA”) continues to attract litigation, and the battle continues as to what allegations of a BIPA violation may proceed in the federal courts. As you will recall, BIPA was enacted in 2008 to protect the privacy of personal biometric data. Section 15(a) of BIPA requires a company to publicly post a general notice about the company’s biometric data retention periods. 740 Ill. Comp. Stat. 14/15(a). Section 15(b) of BIPA requires a company to provide specific notice and obtain consent from the particular person whose biometric information is collected.
Id. at 14/15(b). BIPA also bans the sale or trade of personal biometric information for profit.
Thursday, February 11, 2021
Biometric privacy litigation has exploded in the last several years, with the current hot spot focus in Illinois. Class actions under the Illinois Biometric Information and Privacy Act (“BIPA”) have flooded the Illinois state and federal courts since a January 2019 Illinois Supreme Court decision.
The Illinois Statute
The Illinois legislature passed the state’s BIPA in 2008 to address the enhanced risk of identity theft associated with the collection and processing of biometric data (fingerprints, voiceprints, facial identifiers, retinal scan data, etc.). When biological data such as this is compromised, the attacker obtains a permanent marker for the affected individual. The Illinois legislature designed BIPA to require publicly posting a general notice and obtaining consent from the particular person whose biometric information was collected. 740 ILCS 14/15(a), (b). And, importantly, BIPA provides for a private right of action to a p
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Biometric privacy litigation has exploded in the last several years, with the current hot spot focus in Illinois. Class actions under the Illinois Biometric Information and Privacy Act (“BIPA”) have flooded the Illinois state and federal courts since a January 2019 Illinois Supreme Court decision.
The Illinois Statute
The Illinois legislature passed the state’s BIPA in 2008 to address the enhanced risk of identity theft associated with the collection and processing of biometric data (fingerprints, voiceprints, facial identifiers, retinal scan data, etc.). When biological data such as this is compromised, the attacker obtains a permanent marker for the affected individual. The Illinois legislature designed BIPA to require publicly posting a general notice and obtaining consent from the particular person whose biometric information was collected. 740 ILCS 14/15(a), (b). And, importantly, BIPA provides for a private