The Illinois Supreme Court recently agreed to hear an appeal of an Appellate Court’s decision addressing whether an employee’s claim for damages under Illinois’s Biometric Information Protection Act is preempted by the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”). Back in September, the Illinois Appellate Court for the First Judicial District held that employees’ BIPA … Continue Reading
As we noted in late January 2020, the spread of infectious disease raises particular concerns for healthcare workers who want to do their jobs and care for their patients, while also protect themselves and their families. Perhaps the desire to protect one’s self and family is what motivated a California state healthcare worker to access … Continue Reading
On January 13, House Delegate Sara Love Introduced the “Biometric Identifiers and Biometric Information Privacy Act” (the “Act”) substantially modeled after the Biometric Information Privacy Act in Illinois, 740 ILCS 14 et seq. (the “BIPA”). Enacted in 2008, the Illinois BIPA only recently triggered an avalanche of class actions in Illinois, spurring other legislative activity, including … Continue Reading
Virginia may be the first state to follow California’s lead on consumer privacy legislation, but it certainly will not be the last. The International Association of Privacy Professionals (IAPP) observed, “State-Level momentum for comprehensive privacy bills is at an all-time high.” The IAPP maintains a map of state consumer privacy legislative activity, with in-depth analysis comparing key provisions. … Continue Reading
Enacted in 2008, the Illinois Biometric Information Privacy Act, 740 ILCS 14 et seq. (the “BIPA”), went largely unnoticed until a few years ago when a handful of cases sparked a flood of class action litigation over the collection, use, storage, and disclosure of biometric information. Seeing thousands of class action lawsuits, organizations have reevaluated … Continue Reading
In honor of Data Privacy Day, we provide the following “Top 10 for 2021.” While the list is by no means exhaustive, it does provide some hot topics for organizations to consider in 2021. COVID-19 privacy and security considerations. During 2020, COVID-19 presented organizations large and small with new and unique data privacy and security … Continue Reading
Dubbed the “Biometric Privacy Act,” New York Assembly Bill 27 (“BPA”) is virtually identical to the Biometric Information Privacy Act in Illinois, 740 ILCS 14 et seq. (BIPA). Enacted in 2008, BIPA only recently triggered thousands of class actions in Illinois. If the BPA is enacted in New York, it likely will not take as … Continue Reading
A new report released by Global Market Insights, Inc. last month estimates that the global market valuation for voice recognition technology will reach approximately $7 billion by 2026, in main part due to the surge of AI and machine learning across a wide array of devices including smartphones, healthcare apps, banking apps and connected cars, … Continue Reading
Earlier this month, our Immigration Group colleagues reported the Department of Homeland Security (DHS) would release a new regulation to expand the collection of biometric data in the enforcement and administration of immigration laws. However, as reported by Roll Call, a DHS Inspector General report raised significant concerns about whether Department is able to adequately … Continue Reading
Whether it is facial recognition technology being used in connection with COVID-19 screening tools and in law enforcement, continued use of fingerprint-based time management systems, or the use of various biometric identifiers for physical security and access management, applications involving biometric identifiers and information in the public and private sectors continue to grow. Concerns about … Continue Reading
