New Media and Technology Law Blog

Tag Archives: BIPA

Illinois Biometric Privacy Suit over Employee Fingerprinting Remanded for Lack of Standing

An Illinois district court remanded to state court for lack of standing a biometric privacy suit brought by employees over the collection and storage of individuals’ fingerprints allegedly in violation of the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 (“BIPA”). (Aguilar v. Rexnord, LLC, No. 17 CV 9019 (N.D. Ill. July 3, 2018)).  This … Continue Reading

Illinois Biometric Privacy Suit Survives Dismissal Based on Harm from Alleged Disclosure of Data to Outside Vendor

Last December, an Illinois appellate court, in the Rosenbach v. Six Flags decision (2017 IL App (2d) 170317 (Dec. 21, 2017)), dismissed biometric privacy claims lodged against theme park operators for collecting fingerprints to authenticate season-pass holders allegedly in violation of the notice and consent provisions of Illinois’s Biometric Information Privacy Act (BIPA), which regulates … Continue Reading

A Busy Month in the Facebook Photo Tagging Biometric Privacy Dispute

As discussed in past posts about the long-running Facebook biometric privacy class action, users are challenging Facebook’s “Tag Suggestions” program, which scans for and identifies people in uploaded photographs for photo tagging. The class alleges that Facebook collected and stored their biometric data without prior notice or consent in violation of the Illinois Biometric Information … Continue Reading

Facebook Granted Dismissal of Biometric Privacy Claims Brought by “Non-Users”

This week, the District Court for the Northern District of California dismissed the Gullen putative class action asserting Illinois biometric privacy claims brought by “non-users” based on evidence that the social media site did not use its facial recognition technology on business or organizational accounts (as opposed to personal social media pages).  (Gullen v. Facebook, Inc., … Continue Reading

Google App Disables Art-Selfie Biometric Comparison Tool in Illinois and Texas

We have been closely following the legal and legislative developments relating to biometric privacy, and in particular, the flow of litigation under the Illinois biometrics privacy law.   It was interesting to see how the Illinois law (as well as a similar Texas law) influenced Google’s  offering of a new facial recognition feature on the Google … Continue Reading

Litigants Alleging Procedural Violations of Illinois Biometric Privacy Statute (BIPA) Are Not “Aggrieved” Parties That May Seek Legal Remedies

As 2017 drew to an end, we noted the continuing flood of Illinois biometric privacy suits filed over the past year.  There are literally dozens of cases pending, most in Illinois state courts, alleging violation of Illinois’s Biometric Information Privacy Act (BIPA), which regulates the collection, retention, and disclosure of personal biometric identifiers and biometric … Continue Reading

Wave of Illinois Biometric Privacy Suits Continues Unabated

After noting the flood of Illinois biometric privacy suits in September, it appears that the flow of such suits remains robust.  Dozens of suits have been filed in Illinois state court against Illinois-based employers and other businesses alleging violation of Illinois’s Biometric Information Privacy Act (BIPA), which generally regulates the collection, retention, and disclosure of … Continue Reading

Wow! Illinois Biometric Privacy Suits Proliferate

This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant chain, over its use of self-order kiosks that allow customers to use faceprints as a method to authenticate purchases. (Morris v. Wow Bao LLC, No. … Continue Reading

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

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
LexBlog