On June 14, 2019, the United States Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of Facebook, holding that the company did not violate the Illinois Biometric Information Privacy Act. This blog entry provides an overview of the case.
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Facial Recognition Technology
Illinois Supreme Court Says Biometric-Data Protection Law Does Not Require Allegation of Actual Injury
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Posted in Information Security, U.S. State Law
The Illinois Supreme Court ruled today that an allegation of “actual injury or adverse effect” is not required to establish standing to sue under the Illinois Biometric Information Privacy Act.…
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Illinois BIPA Suit Dismissed for Lack of Article III Standing
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Posted in Information Security, U.S. State Law
On December 29, 2018, the Northern District of Illinois dismissed consolidated cases brought under the Illinois Biometric Information Privacy Act on standing grounds, finding that despite the existence of statutory standing under BIPA, neither plaintiff had claimed any injury that would support Article III standing.…
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Facing Privacy Suits About Facial Recognition: BIPA Cases Move Forward as More States Consider Passing Biometric Data Laws
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Posted in Information Security, Marketing
Recent judicial interpretations of the Illinois Biometric Information Privacy Act, 740 ILCS 14, present potential litigation risks for retailers who employ biometric-capture technology, such as facial recognition, retina scan or fingerprint software. In a recent client alert, we discuss biometric privacy laws and recent case studies.…
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Article 29 Working Party Releases Opinion on Data Processing at Work
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The Article 29 Working Party issued an Opinion on data processing at work, which complements the Working Party’s previous guidance on the processing of personal data in the employment context and on the surveillance of electronic communications in the workplace. This blog entry provides highlights on the Opinion.…
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Washington Becomes Third State to Enact Biometric Privacy Law
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Posted in Information Security, U.S. State Law
On May 16, 2017, the Governor of the State of Washington, Jay Inslee, signed into law House Bill 1493, which sets forth requirements for businesses who collect and use biometric identifiers for commercial purposes. The law will become effective on July 23, 2017. Washington becomes the third state to pass legislation regulating the commercial use of biometric identifiers.…
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NTIA Releases Facial Recognition Technology Best Practices
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Posted in U.S. Federal Law
The NTIA’s multistakeholder process to develop a code of conduct regarding the commercial use of facial recognition technology has concluded with the group reaching a consensus on a best practices document.…
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Consumer Groups Drop Out of NTIA Multistakeholder Process Regarding the Commercial Use of Facial Recognition Technology
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Posted in U.S. Federal Law
On June 16, 2015, the Consumer Federation of America announced in a joint statement with other privacy advocacy groups that they would no longer participate in the U.S. Department of Commerce’s National Telecommunications and Information Administration multistakeholder process to develop a code of conduct regarding the commercial use of facial recognition technology.…
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German DPAs Adopt Resolutions on Employee Privacy, Facial Recognition and EU Draft Regulation
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On March 28, 2014, the 87th Conference of the German Data Protection Commissioners concluded in Hamburg. This blog post provides an overview of several key resolutions adopted during the Conference.…
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NTIA Announces New Multistakeholder Process on the Commercial Use of Facial Recognition Technology
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On December 3, 2013, the U.S. Department of Commerce’s National Telecommunications and Information Administration announced a new multistakeholder process to develop a code of conduct regarding the commercial use of facial recognition technology. The first meeting will take place February 6, 2014, with additional meetings planned for the spring and summer of 2014.…
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