Tag Archives: biometric data

Maryland and California Propose Biometric Privacy Legislation that Would Include Illinois-Like Private Rights of Action

By Gerard Stegmaier, Sarah Bruno, Mark Quist, Hubert Zanczak and Stuart Cobb on Posted in Privacy & Data Protection
Maryland and California look to join the list of states that not only regulate biometric data but provide consumers with the opportunity to seek hefty statutory damages and attorney’s fees from offending businesses. Similar to Illinois’ oft-litigated Biometric Information Privacy Act (“BIPA”), both bills would also (i) require written consent prior to the collection of … Continue Reading

Illinois Biometric Information Privacy Act violation does not require an allegation of actual harm

By Michael Galibois, Wendell Bartnick, Mark Quist and Erica Spilde on Posted in Privacy & Data Protection
Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (BIPA) stands out among state biometrics statutes nationwide in that it includes a private right of action for anyone “aggrieved” by a private entity’s failure to comply with BIPA’s compliance requirements. The Illinois Supreme Court recently ruled that a plaintiff may assert that they are … Continue Reading

Recent rulings indicate Fifth Amendment may join Fourth Amendment as critical consideration in courts’ efforts to apply constitutional protections to smartphones and other new technology

By Brian J. Willett on Posted in In the Courts
The Fourth Amendment right of the people “to be secure in their persons, houses, papers, and effects” has been center stage in debates over technology that scarcely could have been imagined at the time it was written. See, e.g., Carpenter v. United States, 138 S. Ct. 2206 (2018); United States v. Jones, 565 U.S. 400 … Continue Reading

New Decree defines the scope of Kazakhstan’s state electronic database

By Cynthia O’Donoghue on Posted in Privacy & Data Protection
At the end of February, the Government of the Republic of Kazakhstan enacted Decree No. 117, providing that the types of personal data to be stored in the state’s electronic database are: Full names and addresses of data subjects Birth dates and birth places Nationality and citizenship Gender and family status Individual identification numbers and … Continue Reading

New Guidelines on Collecting Biometric Data Help Businesses Stay Ahead of the Game

By Kimberly Chow on Posted in Big Data, Privacy & Data Protection
The amount of data collected worldwide is rapidly proliferating, and one international organization wants to make sure it’s clear how to protect what is arguably the most sensitive category of that data: biometrics. The Biometrics Institute, which has branches in London and Sydney, released new revisions to its Biometrics Privacy Guidelines to its members on … Continue Reading

Illinois Federal Court Allows Biometric Data Privacy Suit to Proceed

By Samuel Goldstick on Posted in In the Courts, Privacy & Data Protection
An Illinois federal district court recently denied a request by online image publisher Shutterfly, Inc. and its subsidiary, ThisLife Inc., to dismiss a putative class action lawsuit alleging that the companies’ facial recognition-based system of photo-tagging violates the Illinois Biometric Information Privacy Act (BIPA). That law, which dates to 2008, prohibits companies from collecting and … Continue Reading

Hong Kong Commissioner upgrades rules for processing biometric data

By Cynthia O’Donoghue on Posted in Privacy & Data Protection, Regulatory
The Hong Kong Commissioner has published guidance (‘Guidance’) to assist data users in complying with Hong Kong’s privacy laws when processing biometric data, and takes a broader approach than previous guidance dealing with when and how biometric data may be handled by an organisation. Although no distinction is drawn between personal data and sensitive personal … Continue Reading
LexBlog