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
Margaret Booz
Available Now: CPW’s Kristin Bryan, Christina Lamoureux, and Margaret Booz Co-Author Lexis Practice Note on Biometric Privacy and Artificial Intelligence Legal Developments
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
Following Court Win on BIPA Claims, FTC Ramps Up Investigation into Company’s Sharing of Biometric Data
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).…
Implications of Judge Jackson’s Confirmation for Data Privacy and Cybersecurity Litigations Going Forward
As CPW previously reported, President Biden nominated D.C. Circuit Judge Ketanji Brown Jackson to the Supreme Court to fill a vacancy opened when Justice Stephen Breyer announced his retirement. Judge Jackson graduated with honors from Harvard University and Harvard Law School, where she served as editor of the Harvard Law Review. Following her graduation, …
Federal Magistrate Judge Rejects Asserted Lack of Article III Standing as Basis to Strike Class Allegations in Privacy Litigation
In late December, the United States District Court for the Middle District of Florida indicated that Article III standing for members of a class action should not be determined at the pleadings stage. In Sharfman v. Premier Medical, Inc., 2021 U.S. Dist. LEXIS 247447 (M.D. Fla. Dec. 29, 2021), the magistrate judge issued a…
2021 Year in Review: Financial Privacy Litigation and Developments Post-Ramirez
2021 has been a monumental year in many ways, and consumer financial privacy litigation and enforcement was no exception. In the executive branch, the Biden Administration focused on strengthening individual privacy protections and limiting the disclosure of sensitive data. Meanwhile, the Supreme Court’s decision in TransUnion LLC v. Ramirez continues to have a long-lasting impact…