On September 17, 2021, a three-judge panel of the Illinois Appellate Court for the First Judicial District issued a long-awaited decision regarding the statute of limitations for claims under the state’s Biometric Information Privacy Act (“BIPA”) in Tims v. Black Horse Carriers, Inc. The Tims decision marks the first appellate guidance regarding this issue. Although
Privacy & Cybersecurity Issues to Watch in 2020
2020 may very well be the most impactful year for data privacy and cybersecurity in the United States. In honor of Data Privacy Day, we discuss some of the reasons why that may be the case. In short, as privacy and cybersecurity risks continue to emerge for organizations large and small, the law is beginning
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
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.
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
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
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
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”