- A little less than a year ago, Gov. JB Pritzker signed H.B. 2123 into law. That law, becoming effective January 1, 2024, expanded the state’s Civil Remedies for Nonconsensual Dissemination of Private Sexual Images Act to permit persons about whom “digitally altered
Illinois
Illinois Governor Signs BIPA Amendment Into Law
On August 2, 2024, Governor Pritzker signed Senate Bill (SB) 2979, which amends the Illinois Biometric Information Privacy Act, 740 ILCS 14/1, et seq. (BIPA). The bill, which passed both the Illinois House and Senate by an overwhelming majority, confirms that a private entity that more than once collects or discloses the same biometric…
Trade Associations Weigh In on Claim Accrual Under Illinois Biometric Information Privacy Act
Co-authors: Nadine C. Abrams and Richard Mrizek
In a ruling that may have significant impact on the constant influx of biometric privacy suits under the Biometric Information Privacy Act (BIPA) in Illinois, the Illinois Supreme Court will soon weigh in on whether claims under Sections 15(b) and (d) of the BIPA, 740 ILCS 14/1, et…
Illinois Panel Issues Important Ruling on BIPA Statute of Limitations
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…
Does the Workers’ Compensation Act Bar BIPA Claims? Illinois Supreme Court Will Weigh In
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…
CCPA Data Breach Class Action Litigation Begins
As reported by Bloomberg Law, data breach class action litigation has begun under the California Consumer Privacy Act (CCPA). Filed in the Northern District of California, San Francisco Division, a putative class action lawsuit against Hanna Andersson, LLC and its ecommerce platform provider, Salesforce.com, alleges negligence and a failure to maintain reasonable safeguards, among…
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 Leads the Way on AI Regulation in the Workplace
Illinois continues to lead the way in privacy and security legislation. The Prairie State is home to the Biometric Information Privacy Act, first of its kind legislation regulating the collection and possession of biometric information, and also the Personal Information Protection Act, considered one of the more expansive data breach notification laws in…
Illinois Enhances Its Data Breach Notification Requirements
In response to trends, heightened public awareness, and a string of large-scale data breaches, states continue to enhance their data breach notification laws. Illinois Governor J.B. Pritzker recently signed into law an amendment to the Personal Information Protection Act (PIPA), SB 1624, effective January 1, 2020. PIPA will now require that most “data collectors,”…
Illinois’ Attorney General Wants to Know About Data Breaches
Possibly adding to the list of states that have updated their privacy and breach notification laws this year, the Illinois legislature passed Senate Bill 1624 which would update the state’s current breach notification law to require most “data collectors,” which includes entities that, for any purpose, handle, collect, disseminate, or otherwise deal with nonpublic personal…