Biometric Privacy Act

One of the most significantly litigated areas of privacy law is biometric privacy. Tools that collect biometric information and biometric identifiers—including facial geometries, fingerprint scans, and voiceprints—are increasingly common for businesses across industries. Unfortunately, such tools in recent years have become focuses of the plaintiffs’ bar.

2025 saw continued developments in litigation under Illinois’ Biometric Information Privacy Act (BIPA), one of the first and most important biometric privacy laws in the country, as well as other, lesser-litigated biometric laws. Squire Patton Boggs’ globally ranked “Elite” Data Disputes team is well experienced defending businesses and their data practices, including in the realm of biometric privacy, in both litigation and arbitration, including mass arbitration. See also https://www. privacyworld.blog/2025/12/2025-mass-arbitration-year-in-review/

In this article, informed by our practical experience litigating and arbitrating biometric cases, we: (I) provide a brief primer on BIPA and then take a look at some highlights of the 2025 biometric privacy litigation space, including (II) class action and mass arbitration activity under BIPA, (III) key questions regarding defenses to BIPA claims on appeal at the Seventh Circuit, (IV) a decision contrasting BIPA with New York City’s biometric regime, (V) developments under other biometric laws enforced by attorneys general, and (VI) the intersection of AI and biometric privacy laws.Continue Reading 2025 Year-In-Review: Biometric Privacy Litigation

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

The French CNIL’s New Guidance on Whistleblowing | Privacy World

SEC Adopts Final Cybersecurity Risk Management and Incident Disclosure Regulations

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

NIST Not Voluntary in the Volunteer State: Tennessee Privacy Law Requires Comprehensive Written Privacy Program that Conforms to a Voluntary

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Law360 Publishes “CFPB’s Hazy ‘Abuse’ Definition Creates Compliance Questions” Article by Keith Bradley and David Coats | Privacy World

Governor

Our SPB lawyers are well known for thought leadership across many platforms, and that tradition continues over the coming weeks. Please join us for any or all of the events detailed in this post which will cover a variety of topics including AI and automated decision-making, digital advertising, biometric data, privacy by design, state privacy law compliance, privacy and ESG, and China cross-border data transfers. For more information, contact the presenters or your SPB relationship attorney.
Continue Reading SPB Lawyers to Present on Several Upcoming Can’t-Miss Webinars and Events

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

To Benefit from Insurance Coverage in France Businesses Must File a Complaint Within 72 Hours of a Cyberattack | Privacy

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

SPB’s David Oberly Analyzes the Wide Scope of Third-Party Vendor BIPA Class Action Liability Exposure in Biometric Update | Privacy

Today, the Illinois Biometric Information Privacy Act (“BIPA”) remains one of the hottest areas of class action litigation. Despite the high volume of class action filings, however, many significant aspects of Illinois’s biometrics statute remain unsettled and uncertain. One of the most notable open-ended issues pertains to the applicability of BIPA to third-party vendors and

In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

BREAKING: Illinois Supreme Court Determines BIPA Claims Accrue Individually With Each Violation | Privacy World

New 2023 Legislative Proposals Could

New Year, New Bills

As Privacy World reported, 2022 saw a plethora of class action litigation stemming from alleged non-compliance with the well-known Illinois Biometric Information Privacy Act (“BIPA”). At the same time, due to concerns about companies using biometrics in a safe and responsible manner, lawmakers from coast to coast also attempted (albeit