Privacy & New Media

Proskauer–New Media and Technology Law Blog
Jeffrey Neuburger on October 16, 2018
Last December, we noted the continuing robust wave of Illinois biometric privacy suits.  At that time, dozens of suits had been filed in Illinois state court against Illinois-based employers and other businesses alleging violation of Illinois’s Biometric Information Privacy Act (BIPA), which generally regulates the collection, retention, and disclosure of personal biometric identifiers and biometric information, and encourages businesses that collect such personal data to employ reasonable safeguards.  More and more BIPA actions against employers and businesses based upon alleged violations of the notice and consent provisions of the statute continue to be filed, even as the Illinois Supreme Court considers the appeal of the Rosenbach decision.  In that case, the Illinois Supreme Court will presumably answer the question of whether a person “aggrieved” by a violation of BIPA must allege some injury or harm beyond a procedural violation.  The ruling will certainly have an effect on the pending lawsuits alleging mere procedural BIPA violations.
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