Tag Archives: biometric

Proposed Legislation in Massachusetts Would Create Private Right of Action for Improper Collection of Personal or Biometric Information

Pending legislation could create new consumer privacy rights in Massachusetts. Earlier this year, Senator Cynthia Creem presented An Act Relative to Consumer Data Privacy in the Massachusetts Senate. This Consumer Privacy Bill, SD.341, combines key aspects of the California Consumer Privacy Act (CCPA) and Illinois’s Biometric Information Privacy Act (BIPA). This bill would allow Massachusetts consumers a … Continue Reading

Illinois BIPA Defendants May Soon Be Getting Relief…Or Not

UPDATE: As discussed below, SB2134, as introduced, would have amended BIPA to delete the language that creates a private right of action and provide, instead, that violations resulting from the collection of biometric information by an employer for employment, human resources, fraud prevention, or security purposes would be subject to the enforcement authority of the … Continue Reading

Washington D.C. Attorney General Seeks Stronger Data Security and Breach Notification Requirements

Add Washington D.C. Attorney General Karl A. Racine’s recent data security legislative proposal – the Security Breach Protection Amendment Act of 2019 – to the growing list of states and jurisdictions across the country seeking to strengthen privacy and security protections around personal information. Proposed in response to major data breaches, a frequent catalyst to stronger … Continue Reading

State Law Developments in Consumer Privacy

The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most expansive state privacy law in the United States. Organizations familiar with the European Union’s General Data Protection Regulation (GDPR), which became effective on May 25, 2018, certainly will understand CCPA’s implications. Perhaps the best known comprehensive privacy and … Continue Reading

Rapid Increase in Biometric Data in Airports Raises Privacy Concerns

In 2018, Delta paved the way in airport terminal development, by introducing the first biometric terminal at the Hartsfield-Jackson Atlanta International Airport where passengers can use facial recognition technology from curb to gate. Delta now offers members of its Sky Club airport lounges to enter using fingerprints rather than a membership card or boarding pass. … Continue Reading

Actual Harm Not Required to Sue Under Illinois Biometric Information Privacy Law

Earlier today, the Illinois Supreme Court handed down a significant decision concerning the ability of individuals to bring suit under the Illinois Biometric Information Privacy Act (BIPA). In short, individuals need not allege actual injury or adverse effect, beyond a violation of his/her rights under BIPA, in order to qualify as an “aggrieved” person and be entitled to … Continue Reading

Illinois Court of Appeals Holds BIPA Plaintiffs Must Allege Some Actual Harm

In a ruling that may have significant impact on the recent wave of biometric privacy suits, an Illinois state appeals court held that plaintiffs must claim actual harm to be considered an “aggrieved person” covered by Illinois’ Biometric Information Privacy Act (BIPA), in a dispute arising from the alleged unlawful collection of fingerprints from a … Continue Reading

Illinois Nursing Home Faces Employee Class Action Based on State Biometric Privacy Act

An Illinois nursing home is facing a putative class action lawsuit filed by a worker who argues that the facility’s required fingerprint scan for timekeeping poses a threat to their privacy, and violates Illinois’s Biometric Information Privacy Act (“BIPA”). From July 2017 to October 2017, at least 26 employment class actions based on the BIPA … Continue Reading

Delaware: The Latest State to Amend its Data Breach Notification Law

Delaware joins the growing number of states that recently amended their data breach notification law. On August 17th, Delaware amended its data breach notification law with House Bill 180, the first significant change since 2005, effective 240 days after enactment (on or about April 14, 2018).  Delaware maintains the state law trend of requiring businesses … Continue Reading

Illinois Class Actions Spark New Attention For Biometric Data Applications

Capturing the time employees’ work can be a difficult business. In addition to the complexity involved with accurately tracking arrival times, lunch breaks, overtime, etc. across a range of federal and state laws (check out our Wage and Hour colleagues who keep up on all of these issues), many employers worry about “buddy punching” or … Continue Reading

The Hololens From Microsoft – Help Can Be Right Under…Over Your Nose

The saying – never let them see you sweat – soon may be more difficult to accomplish with Microsoft’s Hololens. Like Google Glass, the Hololens is worn as a headset. But this device has a “plurality” of sensors that gather a range of biometrics parameters (heart rate, perspiration, etc.) which determine along with other information … Continue Reading
LexBlog