On May 18, 2023, the Federal Trade Commission issued a policy statement on “Biometric Information and Section 5 of the Federal Trade Commission Act.”
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Biometric Data
EDPB Adopts Guidelines on Facial Recognition in the Area of Law Enforcement
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Posted in European Union, International
On May 17, 2023, the European Data Protection Board adopted the final version of its Guidelines on facial recognition technologies in the area of law enforcement. …
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Illinois Supreme Court Rules that a Claim Under BIPA Accrues with Every Scan or Transmission of Biometric Identifiers or Biometric Information Without Prior Informed Consent
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Posted in Information Security, U.S. State Law
On February 17, 2023, the Illinois Supreme Court issued an opinion in Cothron v. White Castle Systems, Inc., in response to a certified question from the Seventh Circuit, ruling that the plain language of Section 15(b) and 15(d) of the Illinois Biometric Privacy Act shows that a claim accrues under BIPA with every scan or transmission of biometric identifiers or biometric information without prior informed consent. …
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Illinois Federal Court Rules that BIPA Health Care Exemption Applies to Sunglasses Virtual Try-On Tool
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On February 10, 2023, an Illinois federal district court ordered the dismissal of a putative class action lawsuit alleging that an online tool that allowed users to virtually try on sunglasses violated the Illinois Biometric Privacy Act. …
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Illinois Supreme Court Rules on BIPA Class Action Lawsuit
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Posted in Information Security, U.S. State Law
On February 2, 2023, the Illinois Supreme Court reversed in part and remanded a judgment of the lower appellate court in a class action lawsuit alleging violation of the Illinois Biometric Information Privacy Act. …
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Whole Foods Settles BIPA Voiceprint Class Action
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On January 3, 2023, an Illinois state court entered a preliminary approval order for a settlement of nearly $300,000 in a class action lawsuit against Whole Foods for claims that the company violated the Illinois Biometric Information Privacy Act. …
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Baltimore’s Ban on Private Sector Use of Facial Recognition Technology Expires
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Posted in Information Security, U.S. State Law
On December 31, 2022, Baltimore’s ordinance banning the private sector’s use of facial recognition technology expired.
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Colorado AG Publishes Second Draft of Colorado Privacy Act Rules
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Posted in Enforcement, U.S. State Law
On December 21, 2022, the Colorado Attorney General published an updated version of the draft rules to the Colorado Privacy Act.
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Five Guys Hit with BIPA Class Action
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On December 20, 2022, a former employee in Illinois, brought a class action suit against Five Guys Enterprises, LLC, alleging that Five Guys violated the Illinois Biometric Information Privacy Act. …
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Illinois Appellate Court Holds Data Retention Policies Required When Collecting Biometric Data
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On November 30, 2022, the Second District Appellate Court of Illinois reversed and remanded a grant of summary judgement in favor of defendant, J&M Plating, Inc., for alleged violation of the Illinois Biometric Information Privacy Act.
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