Privacy Risk Report

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BIPA

Federal Court Shreds Illinois’ Biometric Statute Before Remanding Case Back To State Court

Despite having the potential to impact many data collectors, Illinois’ Biometric Information Protection Act (“BIPA”) has received surprisingly little analysis from state or federal courts. A decision issued on October 17, 2019, by the United States District Court for the… Continue Reading →

Ninth Circuit’s Recent BIPA Decision Must Be Kept In Context With Well-Settled Illinois Law

As the number of lawsuits based on claimed violations of the Illinois Biometric Information Protection Act (“BIPA”) increase, litigants have struggled to find guidance from the courts on this new area of law. The Ninth Circuit’s August 8, 2019 decision… Continue Reading →

Seventh Circuit’s Recent Decision Indicates Courts May Be Willing To Chip Away At BIPA

The law related to Illinois Biometric Information Protection Act (“BIPA”) came to a halt over the last year or so while the Illinois Supreme Court analyzed what constitutes an injury under the Act. As expected, courts have started to once… Continue Reading →

Illinois Supreme Court Set to Address Amusement Park’s Use of Biometric Data

The Illinois Biometric Information Protection Act (“Act”) states that “[a]ny person aggrieved by a violation of this Act shall have a right of action in a State circuit court or as a supplemental claim in federal district court against an… Continue Reading →

Shake It Off! Even Taylor Swift Is Collecting Your Biometric Data

Taylor Swift has a stalker problem.  In April 2018, a man broke into her New York City loft and took a shower before falling asleep in her residence.The same stalker attempted to break Taylor Swift’s front door down with shovel… 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 →

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