A recent Seventh Circuit decision offers a reminder to exercise caution when applying the financial services safe harbor under the Illinois Biometric Information Privacy Act (BIPA). In Cisneros v. Nuance Communications, Inc., No. 24-02982 (7th Cir. Aug. 28, 2026), the court held that the technology vendor’s storing of voiceprint data on behalf of a
Biometric Information
Facial Recognition and AI in Hiring: A Reminder for Maryland Employers
As AI-powered hiring tools become more widespread, it is important to remember that some states have acted early and their laws should be reflected in an organization’s governance, risk, and compliance program. Maryland’s Labor and Employment Code Section 3-717 which became effective October 1, 2020, is one example. We break down the key requirements and…
AI Glasses Not a Good Look in New York Courthouses
New York has become the first state to prohibit AI-enabled smart glasses and other recording-enabled eyewear in all state courthouses. The new policy reflects growing concern over the ability of these devices to discreetly capture audio, video, photographs, and AI-generated transcripts. Below are answers to some common questions about the new rule and what it…
The Government Mandated “Kill Switch” Coming to a Vehicle Near You
Every so often a law that was passed years ago quietly becomes a present-day compliance reality. Section 24220 of the 2021 Infrastructure Investment and Jobs Act is one of those laws. Tucked into an eleven-hundred-page infrastructure bill with little public debate, the “kill switch law” as it has come to be known by some, awaits…
AI Meeting Assistants and Biometric Privacy: Governance Lessons from the Fireflies.AI Lawsuit
A putative class action filed in December 2025 in the U.S. District Court for the Central District of Illinois offers a reminder that AI meeting assistant and transcription tools potentially carry significant legal exposure when organizations deploy them without appropriate governance guardrails in place. It also serves as a reminder to apply strong governance principles…
The Hidden Legal Minefield: Compliance Concerns with AI Smart Glasses, Part 1 – Biometrics
Smart glasses with AI capabilities have evolved from futuristic concept to everyday reality. The market exploded in 2024, with global smart glasses shipments surging 210% year-over-year, driven primarily by Meta’s Ray-Ban smart glasses. From the consumer-focused Meta Ray-Ban Display (featuring a built-in heads-up display announced in September 2025) to Meta’s partnership with Oakley for…
Using Patient Photos in Marketing? OCR Settlement Highlights HIPAA Compliance Requirements
Businesses across many industries naturally want to showcase their satisfied customers. Whether it’s a university featuring successful graduates, a retailer highlighting happy shoppers, or a healthcare facility showcasing thriving patients, these real-world testimonials can be powerful marketing tools. However, when it comes to healthcare providers subject to HIPAA, using patient images and information for promotional…
AI versus MFA
Ask any chief information security officer (CISO), cyber underwriter or risk manager, or cybersecurity attorney about what controls are critical for protecting an organization’s information systems, you’ll likely find multifactor authentication (MFA) at or near the top of every list. Government agencies responsible for helping to protect the U.S. and its information systems and assets…
Colorado Expands Protections for Biometric Information under the Colorado Privacy Act
When Colorado enacted the Colorado Privacy Act (CPA), it included “biometric data that may be processed for the purpose of uniquely identifying an individual.” However, the CPA as originally drafted did not cover the personal data of individuals acting in a commercial or employment context. Last week, Colorado amended the CPA to broaden the protections…
Privacy Versus Cyber – What is the Bigger Risk?
“Cybersecurity” has emerged as one of top risks facing organizations. Considering the steady stream of massive data breaches affecting millions (sometimes billions), the debilitating effects of ransomware on an organization’s information systems, the intrigue of international threat actors, and the mobilization and collaboration of national law enforcement to thwart these attacks, it’s no wonder. Notions…