Tag Archives: BIPA

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 Court of Appeals finds one year and five year statute of limitations for BIPA claims

By Michael Galibois and Hubert Zanczak on Posted in In the Courts, Privacy & Data Protection
On September 17, 2021, the Illinois Court of Appeals for the First District ruled that some BIPA claims are subject to a five year statute of limitations, while others must be brought within one year. In Tims v. Black Horse Carriers, Inc., 2021 IL App (1st) 200563, the appellate court accepted a certified question from … Continue Reading

Illinois Attorney General Kwame Raoul talks to Reed Smith about consumer privacy, biometrics, and data breaches

By Divonne Smoyer and Alexis Cocco on Posted in Privacy & Data Protection, Regulatory
In a recent Q&A with Illinois Attorney General Kwame Raoul, the first term AG discusses potential changes to data breach laws in Illinois and whether his state could implement a privacy statue similar to the California Consumer Privacy Act (CCPA), the effectiveness of federal data breach legislation, and reasonable steps that businesses could take to … Continue Reading

CCPA litigation is here: putative class action filed for alleged notice and collection violations

By Sarah Bruno, Alexis Cocco and Casey Perrino on Posted in In the Courts, Privacy & Data Protection
Although the California Consumer Privacy Act (CCPA) specifically precludes private lawsuits except for those resulting from certain data breaches, that has not stopped at least one plaintiff from bringing a putative class action based on an alleged CCPA violation. A proposed class action was filed on February 27, 2020, in the Southern District of California … Continue Reading

Uncertainty persists in biometric litigation

By Michael Galibois, Gerard Stegmaier, Jim Barbuto and Brent McDonough on Posted in Privacy & Data Protection
Companies facing class action litigation stemming from Illinois’ Biometric Privacy Act, 740 ILCS 14/1 et seq. (BIPA), will not get conclusive guidance from the U.S. Supreme Court on the issue of Article III standing. Despite the substantial increase in BIPA class actions filed between 2018 and 2019, and amici briefs imploring the Supreme Court to … Continue Reading

Biometric privacy: The year in review and looking toward 2020

By Kimberly Gold, Michael Galibois, Jim Barbuto and Noelle Klockner on Posted in Privacy & Data Protection
2019 signalled significant growth in both regulatory focus and litigation involving biometric privacy. The passage of the California Consumer Privacy Act (CCPA), the addition of biometrics to numerous state data breach notification laws (including New York), and continued class action lawsuits emanating from Illinois’ Biometric Information Privacy Act (BIPA) made biometrics a trend line in … Continue Reading

The facial scan that launched a thousand laws: biometric privacy legislation trend continues to grow nationwide

By Kimberly Gold, Michael Galibois and Jim Barbuto on Posted in Privacy & Data Protection
Many states are following in the footsteps of Illinois’ Biometric Information Privacy Act (BIPA), a law that has led to an increase in the volume of class action privacy litigation and highlighted the importance of enterprise-level management of biometric data (e.g., fingerprint, voiceprint, and retina, facial, or iris image). Organizations that collect and use biometric … Continue Reading
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