Tag Archives: BIPA

2023 DSIR Report Deeper Dive: U.S. Employee Privacy Developments

Photo of Jennifer MitchellPhoto of Justin T. YedorPhoto of Frederick C. BinghamBy Jennifer Mitchell, Justin T. Yedor and Frederick C. Bingham on Posted in Data Security Incident Response
Among the many developments in data privacy regulation that took place over the past year, new requirements relating to employee personal information in California and New York have deservedly received a lot of attention. Meanwhile, ongoing risks arising under older laws—such as the massive verdict in the first jury trial of a claim under the … Continue Reading

Illinois Supreme Court: Sections 15(b) and 15(d) BIPA Claims Accrue with Each Scan or Transmission

Photo of Joel GriswoldPhoto of Bonnie Keane DelGobboPhoto of Amy L. LenzBy Joel Griswold, Bonnie Keane DelGobbo and Amy L. Lenz on Posted in Data Privacy
Today the Illinois Supreme Court issued a decision in Cothron v. White Castle System, Inc. 2023 IL 128004, in which the court held that the statute of limitations accrues with each scan or transmission of biometric identifiers or biometric information for claims arising under Sections 15(b) and 15(d) of the Illinois Biometric Information Privacy Act, … Continue Reading

Illinois Supreme Court: 5-Year Statute of Limitations for BIPA Claims

Photo of Joel GriswoldPhoto of Bonnie Keane DelGobboPhoto of Amy L. LenzBy Joel Griswold, Bonnie Keane DelGobbo and Amy L. Lenz on Posted in Information Privacy
Technology digital wave background concept.Earlier today, the Illinois Supreme Court issued a decision in Tims v. Black Horse Carriers, Inc., 2023 IL 127801, in which the court held that a five-year statute of limitations applies to all claims arising under the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (BIPA). There are five primary sections under BIPA. … Continue Reading

Following SCOTUS Cert Denial, Facebook Settles BIPA Case for $550 Million

Photo of Melinda L. McLellanBy Kamran Salour and Melinda L. McLellan on Posted in Biometrics
One decision, two far-reaching effects. This aptly describes the Supreme Court’s Jan. 21, 2020, decision to deny Facebook’s petition for certiorari in Patel v. Facebook. The Supreme Court’s denial spelled an end to Facebook’s nearly five-year quest to dismiss this case, which began in August 2015 when three Facebook users filed a consolidated putative class action alleging that … Continue Reading

In BIPA’s Wake, a Wave of New Biometric Privacy Proposals

Photo of Robyn M. FeldsteinPhoto of Melinda L. McLellanBy Robyn M. Feldstein and Melinda L. McLellan on Posted in Biometrics
Over the past year, a host of new national, state and local laws have been introduced to regulate the collection and use of biometric information. Although these proposals vary in their requirements, certain elements appear to be inspired in part by the Illinois Biometric Information Privacy Act (BIPA), which has been the subject of significant … Continue Reading

The Weekly Privacy Rewind

By Aaron Lancaster on Posted in GDPR, Weekly Privacy Rewind
Class Actions Pennsylvania Supreme Court Declares Employers Have Affirmative Duty to Protect Employee Personal Information • According to a recent opinion by the Pennsylvania Supreme Court, “an employer has a legal duty to exercise reasonable care to safeguard its employees’ sensitive personal information stored by the employer on an internet-accessible computer system.” • The putative … Continue Reading

The Weekly Privacy Rewind

By Aaron Lancaster on Posted in Weekly Privacy Rewind
BIPA Medline and Con Tech Lighting Latest Illinois Employers Hit With Claims under BIPA • Two Illinois employers, Con Tech Lighting and Medline Industries, are the latest to face claims alleging violations of Illinois’ Biometric Information Privacy Act. • In the Con Tech complaint, the named plaintiff, who is seeking class certification, alleges that she … Continue Reading

The Weekly Privacy Rewind

By Aaron Lancaster on Posted in Weekly Privacy Rewind
Biometric Information Privacy Act AGCO Corp., Ceridian HMC Inc. and Hegewisch Development Corp. Latest Employers to Face Allegations of BIPA Violations • Lawsuits against employers for alleged violations of Illinois’ Biometric Information Privacy Act (BIPA) show no signs of slowing, with three more employers, AGCO Corp., Ceridian HCM Inc. and Hegewisch Development Corp., all facing … Continue Reading

The Weekly Privacy Rewind

By John Busch and Aaron Lancaster on Posted in Data Breaches, GDPR, Online Privacy, Privacy Class Actions, State Legislation
Canada Canadian Banks Notify 90,000 Following Breach • Bank of Montreal and Canadian Imperial Bank of Commerce announced that they were contacted by hackers and informed that nearly 90,000 customers’ personal information was accessed. • The banks will notify customers of the breach and indicate they believe they have fixed the vulnerabilities that led to … Continue Reading
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