On November 30, 2023, the Illinois Supreme Court unanimously held that an exclusion in the Illinois Biometric Information Privacy Act applies to healthcare workers where their biometric information is collected, used, or stored in the course of providing medical services. The holding is a significant victory for healthcare institutions and clarifies that the applicable exemption
Several months ago, you may have seen social media filled with artistic renditions of your connections as paintings, cartoons, or other artistic styles. These renditions came from Lensa, an app by which users upload “selfies” or other photos, which the app processes to generate artistic images of the user. Lensa, which is owned by Prisma
The Illinois Supreme Court today resolved one of the most significant unsettled areas of law for claims arising under the Illinois Biometric Information Privacy Act (“BIPA”). In its decision in Cothron v. White Castle Sys., Inc., the Court confirmed that each separate violation of BIPA constitutes a distinct and separately actionable violation of the
Today, the Illinois Supreme Court resolved the hotly disputed question of whether a one-year or five-year statute of limitations period applies to claims brought under the Biometric Information Privacy Act (“BIPA”). In Tims v. Black Horse Carriers, Inc., the Court conclusively held that a five-year statute of limitations period applies to BIPA claims, expanding
While Madison Square Garden might normally make headlines for musical artists or sporting events, the venue’s parent company, MSG Entertainment, has been in the spotlight following media and regulator attention regarding its use of facial recognition technology to ban certain individuals from its venues. Read on to learn more and its implications for other uses
2022 was another year of high activity and significant developments in the realm of artificial intelligence (“AI”) and biometric privacy related matters, including in regard to issues arising under the Illinois Biometric Information Privacy Act (“BIPA”) and others. This continues to be one of the most frequently litigated areas of privacy law, with several notable rulings and emerging patterns of new activity by the plaintiffs’ bar. Following up on Privacy World’s Q2 and Q3 2022 Artificial Intelligence & Biometric Privacy Quarterly Newsletters, be sure to read on for a recap of key developments and insight as to where 2023 may be headed.
Continue Reading Privacy World 2022 Year in Review: Biometrics and AI
CPW’s Kristin Bryan, a 2022 Law360 Privacy & Cybersecurity MVP as well as a featured subject matter expert for LexisNexis, Christina Lamoureux, and Margaret Booz have co-authored a new chapter of Lexis Practical Guidance titled “Biometric Privacy and Artificial Intelligence Legal Developments.” In this practice note, they explore emerging legal issues concerning the collection, use, and disclosure of biometric data and artificial intelligence (AI). This includes a discussion of the legal regimes often implicated in lawsuit trends that are likely a harbinger of future litigation, recent developments concerning Article III standing, damages, and class certification and settlement, among other considerations.
Continue Reading Available Now: CPW’s Kristin Bryan, Christina Lamoureux, and Margaret Booz Co-Author Lexis Practice Note on Biometric Privacy and Artificial Intelligence Legal Developments
Last year, CPW covered a litigation win by Clarifai, Inc., a technology company specializing in artificial intelligence, when a federal court granted its motion to dismiss claims brought under Illinois’ Biometric Information Privacy Act (“BIPA”) in Stein v. Clarifai, Inc., No. 20 C 1937, 2021 U.S. Dist. LEXIS 49516 (N.D. Ill. Mar. 16, 2021).
While Illinois’ Biometric Information Privacy Act remains one of the most-litigated privacy statutes, several aspects of the law remain unsettled, including the applicable statute of limitations for BIPA claims. CPW has previously covered several key decisions addressing whether BIPA claims are subject to a one-, two-, or five-year statute of limitations, as well as whether
CPW has previously covered litigation brought against a biometric software developer in Illinois, Sosa v. Onfido, Inc., 2021 U.S. Dist. LEXIS 658 (N.D. Ill.). In the court’s latest landmark ruling, the judge denied a motion to dismiss from defendant, finding that Illinois’ Biometric Information Privacy Act (“BIPA”) extends to information derived from photographs,