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On September 17, 2021, in Tims v. Black Horse Carriers Inc., Ill. App. Ct., 1st Dist., No. 1-20-563, the Illinois Appellate Court, in a case of first impression at the appellate level, addressed the statute of limitations under the state’s Biometric Information Privacy Act, holding that a five-year period applies to BIPA claims that allege the failure to (1) provide notice of the collection of biometric data, (2) take care in storing or transmitting biometric data, or (3) develop a publicly-available retention and destruction schedule for biometric data.…
Continue Reading Illinois Biometric Law Limitation Period Clarified by Illinois Court

On November 12, 2020, Chief Judge Nancy J. Rosenstengel of the U.S. District Court for the Southern District of Illinois rejected Apple Inc.’s (“Apple’s”) motion to dismiss a class action alleging its facial recognition software violates Illinois’ Biometric Information Privacy Act (“BIPA”). Judge Rosenstengel agreed with Apple, however, that the federal court lacks subject matter jurisdiction over portions of the complaint.
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Continue Reading BIPA Lawsuit Proceeds Against Apple in Federal Court

On August 8, 2019, the United States Court of Appeals for the Ninth Circuit allowed a class action brought by Illinois residents to proceed against Facebook under the Illinois Biometric Information Privacy Act. This blog entry provides details on the case.…
Continue Reading Ninth Circuit Allows Class Action Challenging Facebook’s Facial Recognition Technology Under Illinois BIPA

The Illinois legislature recently passed the Artificial Intelligence Video Interview Act, which prohibits an Illinois employer from using artificial intelligence to evaluate job interview videos unless the employer complies with certain requirements. …
Continue Reading Illinois Seeks to Impose Restrictions on the Use of Artificial Intelligence in Job Interviews

On May 27, 2019, the Illinois General Assembly voted to approve Senate Bill 1624, which proposes to amend the state’s Personal Information Protection Act. This blog entry provides an overview of the bill’s provisions.…
Continue Reading Illinois General Assembly Approves Breach Notification Amendment to Personal Information Protection Act

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.…
Continue Reading Illinois BIPA Suit Dismissed for Lack of Article III Standing

On November 20, 2018, the Illinois Supreme Court heard arguments in a case that could shape future litigation under the Illinois Biometric Information Privacy Act (“BIPA”). BIPA requires companies to (i) provide prior written notice to individuals that their biometric data will be collected and the purpose for such collection, (ii) obtain a written release from individuals before collecting their biometric data and (iii) develop a publicly available policy that sets forth a retention schedule and guidelines for deletion once the biometric data is no longer used for the purpose for which it was collected (but for no more than three years after collection). BIPA also prohibits companies from selling, leasing or trading biometric data.
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Continue Reading Illinois Supreme Court Hears Standing Arguments