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Category Archives: Biometrics

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Washington Enacts a Biometric Privacy Statute in a Departure from the Existing Standard

We have been writing about the biometric privacy legal landscape, which has thus far been dominated by the Illinois Biometric Information Privacy Act (BIPA).  While there are a number of states that are considering bills modeled after BIPA, Washington has enacted a bill that takes a dramatically different approach.   On May 16, 2017, HB 1493 … Continue Reading

Employees Assert Illinois Biometric Privacy Claims against Supermarket over Fingerprint Collection Practices

Even though Washington passed its own biometric privacy law last month (HB 1493), and other states are currently debating their own bills, Illinois’s Biometric Information Privacy Act (BIPA) is still the crux of biometric and facial recognition privacy-related litigation.  Such suits have typically involved social media services, video game makers or businesses that collect biometric … Continue Reading

Court Refuses to Dismiss Biometric Privacy Action over Facial Recognition Technology Used by Google Photos

Update: On March 9, 2016, Google filed a motion requesting the court certify an interlocutory appeal.  In particular, Google contends that the following question satisfies the statutory criteria: whether the term “biometric identifier,” as defined in Illinois Biometric Privacy Act, includes information derived from photographs. We’ve closely followed the numerous biometric privacy disputes and legislative … Continue Reading

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

We’ve written extensively about the numerous lawsuits, dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). The statute, generally speaking, prohibits an entity from collecting, capturing, purchasing, or otherwise obtaining a person’s “biometric identifier” or “biometric information,” unless it satisfies certain notice and consent and data retention requirements. The statute contains defined terms … Continue Reading

Biometric Privacy Claims over Facial Recognition Feature in Videogame Dismissed for Lack of Concrete Harm

For the second time in the past six months, a district court has dismissed a lawsuit alleging procedural and technical violations of the Illinois biometric privacy statute for lack of Article III standing.  In Vigil v. Take-Two Interactive Software, Inc., No. 15-8211 (S.D.N.Y. Jan. 27, 2017), the court dismissed Illinois biometric privacy claims against a … Continue Reading

Illinois Biometric Privacy Suit over Collection of Fingerprints Settled

Earlier this month, an Illinois state court approved a $1.5 million settlement in a class action against L.A. Tan Enterprises, Inc., operator (directly and through franchisees) of L.A. Tan tanning salons.  The settlement resolved allegations that L.A. Tan violated the Illinois Biometric Information Privacy Act (BIPA) by collecting Illinois members’ fingerprints for verification during check-in … Continue Reading

California Legislature Nearing Final Debate of Biometric and Geolocation Data Security Bill

UPDATE: Prior to the close of the legislative session, the amended AB 83 failed to make it out committee. With the session ending on August 31st, the California legislature is debating a bill (AB 83) that would expand data security requirements for businesses that maintain personal information of California residents to include, among other things, protection … Continue Reading

NTIA Multistakeholder Process Finalizes General Privacy Guidelines for Commercial Facial Recognition Use

We’ve previously blogged about the National Telecommunications and Information Administration (NTIA) privacy multistakeholder process to address concerns associated with the emerging commercial use of facial recognition technology. Notably, last year, the self-regulatory initiative hit a stumbling block when nine consumer advocacy groups withdrew from the process due to a lack of consensus on a minimum … Continue Reading

Proposed Amendment to Illinois Law Would Have Changed Shape of Biometric Privacy Litigation

Late last week, the Illinois state senate considered an amendment tacked onto to an unrelated bill that would have revised the Illinois’ Biometric Information Privacy Act, a law that has been the subject of much debate and litigation in the past year.  This amendment had the potential to drastically affect the current litany of lawsuits … Continue Reading

California Court Refuses to Dismiss Biometric Privacy Suit against Facebook

The District Court for the Northern District of California recently issued what could be a very significant decision on a number of important digital law issues.  These include: the enforceability of “clickwrap” as compared to “web wrap” website terms of use, the enforceability of a choice-of-law provision in such terms of use, and a preliminary … Continue Reading

Google Is the Latest Online Provider to Face Class Action over Collection of Faceprints

As we have previously written about, there are several ongoing biometric privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA).  Add one more to the list.  A Chicago resident brought a putative class action against Google for allegedly collecting, storing and using, without consent and in … Continue Reading

Photo Storage Service’s Collection of Faceprints May Violate Illinois Biometric Privacy Statute

As we have previously noted, there are several ongoing privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). The photo storage service Shutterfly and the social network Facebook are both defending putative class action suits that, among other things, allege that such services created and stored … Continue Reading

Facebook Seeks Dismissal in Illinois Facial Recognition Biometric Privacy Suit

As we have previously noted, Facebook has been named as a defendant in a number of lawsuits claiming that its facial recognition-based system of photo tagging violates the Illinois Biometric Information Privacy Act (BIPA).  In a separate putative class action filed in Illinois federal court that involves the tagging of an “unwilling” non-user without his … Continue Reading

Biometrics: Facebook Files Motion to Dismiss Privacy Suit over Facial Recognition Technology

As discussed in a previous post on facial recognition technology, a putative class action has been filed against Facebook over the collection of “faceprints” for its online photo tagging function, Tag Suggestions.  (See e.g., Licata v. Facebook, Inc., No. 2015CH05427 (Ill. Cir. Ct. Cook Cty. filed Apr. 1, 2015) (the case has been transferred to a … Continue Reading

Facial Recognition Technology: Social Media and Beyond, an Emerging Concern

This week, a major self-regulatory initiative intended to address privacy concerns associated with facial recognition technology hit a significant stumbling block.  Nine consumer advocacy groups withdrew from the National Telecommunications and Information Administration (NTIA)-initiative due to a lack of consensus on a minimum standard of consent.  The NTIA initiative had been ongoing since early 2014.  … Continue Reading
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