Illinois

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 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.

SEC Accused of Violating FOIA Deadlines for Documents on Improper Database Access | Consumer Privacy World

LinkedIn’s Data Scraping

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

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.

English Courts’ Stance on Low-Value Data Breach Claims Continues to Harden, But There May be Hiccups Along the Way

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

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

In January 2019, the Illinois Supreme Court opened the floodgates to class action litigation pursued under the Illinois Biometric Information Privacy Act (“BIPA”) when the state’s highest court held in Rosenbach v. Six Flags Ent. Corp., 2019 IL 123186, 129 N.E.3d 1197 (Ill. 2019), that plaintiffs do not have to allege any actual injury or damages to pursue claims under the state’s biometric privacy statute; instead, mere technical violations of the law are sufficient. Today, the world of biometric privacy litigation experienced a development noteworthy enough to put it on equal footing with Rosenbach, with a jury finding in favor of a class of Illinois truck drivers in the first BIPA class action to be tried to verdict.

Continue Reading BREAKING: Plaintiff Prevails In First BIPA Class Action Jury Trial

After several days of deliberating, a jury today convicted Uber Technologies Inc.’s (“Uber’s”) former chief security officer (the “Former CSO”) of criminal obstruction and concealing the theft of personal data of fifty million Uber customers and seven million Uber drivers from the Federal Trade Commission (“FTC”).

Recall that back in 2016, two hackers stole data

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.

CPW’s Shea Leitch and Kyle Dull to Speak at ACC South Florida’s 12th Annual CLE Conference

CPW’s David Oberly