Privacy Risk Report

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Illinois

Northern District of Illinois Finds Employment-Related Practices Exclusion Applies to BIPA Suit

On January 7, 2022, the Northern District issued an opinion regarding whether the claims contained in a lawsuit alleging the violation of the Illinois Biometric Information Privacy Act (“BIPA”), 40 ILCS 14/1 et seq., were covered under a Businessowners’ Liability… Continue Reading →

The Illinois Legislature and the Illinois Supreme Court Take Steps to Bring Balance to BIPA

There is no question that the Illinois Biometric Information Protection Act of 2008 (“BIPA”) has given rise to a number of unique questions under both privacy law and insurance law. First, many data collectors caught in the crosshairs of BIPA… Continue Reading →

Missed Opportunity? Illinois Court Issues Limited Finding That Workers’ Compensation Act Does Not Preempt Claims For Statutory Damages Under BIPA But Does Not Address How Actual Damages Should Be Addressed Under BIPA

On September 18, 2020, the Illinois Court of Appeals, First District, took another shot at reconciling some of the inconsistencies in the application of Illinois’ Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq. (West 2018)) to the workplace…. Continue Reading →

This Summer Provides A Unique Opportunity For Student Data Privacy

Illinois schools must comply with the Student Online Personal Protection Act by July 1, 2021. While many schools may not have been aware of this deadline or have been pushing compliance down the road, the coronavirus pandemic has put SOPPA… Continue Reading →

The Adoption Of SOPPA May Provide A Tough Lesson For Schools That Fail To Comply

Recently, the Chicago Tribune reported on a data breach involving student data stored by Pearson Clinical Assessment that may have involved a number of students at Illinois schools. On September 5, 2019, the parent of a student at Indian Prairie… Continue Reading →

No Breach Required: Illinois Court Finds Providing Biometric Data To Vendor Without Proper Consent May Give Rise To Injury

Over the last few years, we have seen a number of common themes and concepts run through privacy cases and legislation.  We have seen plaintiffs struggle with surviving motions to dismiss because they failed to properly allege an injury.  Likewise, we have… Continue Reading →

Uber Claims Municipal Cyber Security Regulations Run Over State Attorney General’s Authority

Data collectors have been struggling with the fact that they may be storing data that is subject to various local, state, and federal laws and regulations. Not to mention the fact that data collectors will soon need to also make sure… Continue Reading →

Cyber Insurance Can Develop Without Centralized Cyber Law

For years there has been a discussion over whether data breaches and cyber security can eventually be regulated by centralized laws rather than various state and federal laws and regulations. Even in October 2014, President Obama called upon Congress to… Continue Reading →

Hackers See You When You’re Sleeping–Hackers Know When You’re Awake: Major Data Breach Involving Children’s Information and Pictures Calls Smart Toys Further Into Question

As we go into the holiday shopping season, many questions arise about whether “smart toys,” which store sensitive data regarding children, are secure from hackers. Children are high-valued targets for hackers because they have clean credit reports and their credit histories likely… Continue Reading →

Illinois Appellate Court Decision Does Not Adopt Seventh Circuit’s Reasoning in Data Breach Case

On August 6, 2015, the Illinois Court of Appeals issued its opinion in Maglio v. Advocate Health and Hosp. Corp., dismissing the complaints filed in two class action lawsuits seeking damages related to a theft of Advocate Health’s computers containing information… Continue Reading →

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