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Updates on Biometrics in the Workplace: Scanning the Legal Landscape in New York and Beyond | Epstein Becker & Green
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Employers Hearing Footsteps in the Big Apple? The Rise of New York Biometrics Laws | McGuireWoods LLP
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2021 has so far been a year of conflicting impulses in biometrics law: two proposed bills in New York and Maryland would impose substantial new requirements on private entities, but in Illinois a proposed amendment would reign in that state’s existing Biometric Information Privacy Act (BIPA).BIPA is currently the only state statute that provides a
private right of action for individuals when a private entity improperly collects, stores, or discloses their biometrics. (Portland, Oregon recently enacted an ordinance prohibiting private entities from using facial recognition in places of public accommodation, and providing a private right of action for enforcement.) Since it was enacted in 2008 BIPA has become the touchstone of biometrics litigation, but its effects have largely been felt only by companies doing business in Illinois.
BIPA reform would allow businesses to comply before gotcha lawsuits filed, witness says | Madison
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Companies that do business in New York or with New Yorkers could soon face an onslaught of biometric privacy-related litigation, courtesy of New York Assembly Bill 27, the Biometric Privacy Act (“BPA”). Currently pending before the legislature, the bill is modeled on Illinois’ Biometric Information Privacy Act (“BIPA”) and, like that law, would impose a set of rules businesses must follow when collecting biometric information. Critically, the BPA would create a private right of action for those “aggrieved” by violations of the law.
The similar private right of action in Illinois’ BIPA has generated a tremendousvolume of consumer class-action litigation, including against some of the mostprominent companies in the country. The BIPA litigation in Illinois is driven in large part by the Illinois Supreme Court’s ruling that individuals do not have to suffer an actual, concrete injury in order to be “aggrie