BIPA

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.

Privacy World’s Kristin Bryan talks to Bloomberg Law on the Supreme Court’s In re Grand Jury Dismissal | Privacy World

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

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.

California Federal Court Dismisses GPS Data Tracking Privacy Class Action in Ruling of First Impression For CIPA Claims Involving Devices

In case you missed it, below are recent posts from Consumer 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.

Third Time Lucky or Schrems III? The European Union Data Pact with the US Moves One Step Closer (To

Biometric privacy suits brought under the Illinois Biometric Information Privacy Act (“BIPA”) continue to remain one of the hottest areas of class action litigation today, which can be attributed primarily to the fact that high statutory damages awards can be recovered by large classes of employees, consumers, and similar groups of individuals for mere technical violations of the law. To further compliance matters, many BIPA decisions issued to date have skewed heavily in favor of plaintiffs, which has resulted in a significant expansion of potential litigation risk under the statute. 

In Mora v. J&M Plating, Inc., No. 2-21-0692, 2022 IL App (2d) 210692 (Ill. App. Ct. 2d Dist. Nov. 30, 2022), the Illinois Second District Court of Appeals continued the trend of plaintiff-favorable BIPA decisions in 2022, holding that private entities run afoul of BIPA’s Section 15(a) data retention and destruction disclosure requirements where they fail to have in place a BIPA-compliant data retention/destruction disclosure at the time biometric data is initially possessed, and that subsequent disclosures cannot serve retroactively to remedy prior violations of this component of the law. Importantly, Mora underscores the need for companies to ensure they have satisfied all of the applicable requirements of BIPA prior to the time any biometric data is collected or possessed in order to mitigate the sizeable legal risks associated with legal non-compliance.  

Continue Reading Illinois Appellate Court Issues Key, Plaintiff-Favorable Opinion On BIPA Data Retention Disclosure Requirements 

Welcome to the 2022 Q3 edition of the Artificial Intelligence & Biometric Privacy Report, your go-to source for keeping you in the know on all recent major artificial intelligence (“AI”) and biometric privacy developments that have taken place over the course of the last three months. We invite you to share this resource with your colleagues and visit Squire Patton Boggs’ Data Privacy, Cybersecurity & Digital Assets and Privacy & Data Breach Litigation homepages for more information about our capabilities and team.

Also, we are extremely pleased to announce that our own Kristin Bryan was named as a 2022 Law360 Cybersecurity & Privacy MVP. As Law360 notes, “[t]he attorneys chosen as Law360’s 2022 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” You can read more about Kristin’s Law360 award here: Law360 MVP Awards Go to 188 Attorneys From 78 Firms.

Continue Reading 2022 Q3 Artificial Intelligence & Biometric Privacy Report

In case you missed it, below are recent posts from Consumer 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.

Our Team Joined the Discussion on the Stage of the Global Data Protection Congress 2022 | Consumer Privacy World

In case you missed it, below are recent posts from Consumer 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.

WEBINAR Federal Privacy Legislation: Within Reach After a Decade of Debate. If So, What Next?

Federal Court Dismisses Biometric

For almost four years now, attorneys have remained relentless in their quest to extend the outer boundaries of the Illinois Biometric Information Privacy Act (BIPA) as far as courts are willing to allow. During this period, many defendants have struggled with procuring dismissals of BIPA class claims.

One particular defense, however, has developed into an extremely robust tool for companies engaged in biometric privacy class suits: BIPA’s “financial institution” exemption. Contrary to what its name suggests, the benefits of this entity-level carve-out extend to a range of entities well beyond traditional banks and financial institutions. A recent BIPA opinion issued by a Northern District of Illinois court demonstrates the expansive scope of the exemption and provides several key takeaways for defendants to defend against—and outright defeat—BIPA claims at a time when biometric privacy class action exposure continues to grow.

Continue Reading Federal Court Dismisses Biometric Privacy Class Action Brought Against University, On Basis It Was a Regulated “Financial Institution”

While the Illinois Biometric Information Privacy Act (BIPA) remains one of the hottest areas of class action litigation today, many core issues underlying BIPA disputes remain unsettled and uncertain at this time. And as the recent decision by the Northern District of Illinois in Kukovec v. Estee Lauder Co., Inc., No. 22 CV 1988, 2022 U.S. Dist. LEXIS 202212 (N.D. Ill. Nov. 7, 2022) shows, courts are often in disagreement on many of these key matters—underscoring the need for compliance with the statutory requirements of the Illinois biometrics law.  

Plaintiff Kukovec used a makeup try-on tool (“VTO Tool”) on the website of Too Faced Cosmetics, owned by Estee Lauder. The plaintiff claimed that the VTO Tool collected her facial geometry in violation of Sections 15(a) and (b) of BIPA. Estee Lauder subsequently moved to dismiss the complaint based on (among other things) the existence of an agreement to arbitrate and failure to plead a cognizable claim.

Continue Reading Recent BIPA Opinion Illustrates Continued Uncertainty Underlying Core Issues in Biometric Privacy Class Action Litigation