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
Biometric
Privacy World Week in Review
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 Senior Associate Analyzes the Wide Scope of Third-Party Vendor BIPA Class Action Liability Exposure in Biometric Update
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…
New 2023 Legislative Proposals Could Reshape the Biometric Privacy Landscape
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…
BREAKING: Illinois Supreme Court Determines BIPA Claims Accrue Individually With Each Violation
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…
Federal Court Re-Affirms Health Care Exemption as Complete Defense to BIPA Class Action Claims
For over two years now, online retailers—such as cosmetics and eyewear brands—that utilize virtual try-on (“VTO”) tools have faced a barrage of class action litigation alleging that their technology violates the Illinois Biometric Information Privacy Act (“BIPA”). During this period, a defense has emerged for the targets of VTO suits and online eyewear retailers in…
Privacy World Week in Review
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.
Registration OPEN: SPB’s Kyle Fath and Kristin Bryan to Present Lexology Masterclass on Evolving Landscape of Biometric Data March 28 From 12-1 pm EST
Join SPB’s Kyle Fath and Kristin Bryan for a timely webinar on the evolving landscape of laws around biometric data. The program will offer an engaging discussion including the advisory and litigation perspectives related to privacy in the context of biometrics.
Key areas of focus will include:
- Biometric data and the current and forthcoming legal
…
BREAKING: Illinois Supreme Court Sets Five-Year Statute of Limitations for All BIPA Claims
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 …
Madison Square Garden’s Use of Facial Recognition Software to Create “Enemy Ban” For Adverse Attorneys Draws Scrutiny, Reflects Changing Uses of Biometric Software
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…