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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
Tuesday, February 9, 2021
Highlights from this issue include:
Supreme Court grants cert in securities class action to address whether the
Basic presumption of class-wide reliance can be rebutted based on the generic nature of the alleged representation and that the statement had no price impact.
Massachusetts appellate court emphasizes that evidence is required to support class certification, even under state law.
District court in the Second Circuit holds that
Daubert analysis must be conducted at the class certification stage.
Third Circuit holds that the failure to register tires under federal law is not enough to confer standing.
Seventh Circuit holds that violations of the data retention and destruction requirements of the Biometric Information Privacy Act are sufficient for standing.