On October 12, 2022, a federal jury found BNSF Railway, operator of one of the largest freight railroad networks in North America, violated the Illinois Biometric Information Privacy Act in the first ever BIPA case to go to trial.
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Illinois
Judge Approves $92 Million TikTok Settlement
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On July 28, 2022, a federal judge approved TikTok’s $92 million class action settlement of various privacy claims made under state and federal law, which will resolve litigation that began in 2019 and involved claims that TikTok violated the Illinois Biometric Information Privacy Act and the federal Video Privacy Protection Act.
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Federal Court Approves $1.1 Million TikTok Settlement Over Children’s Privacy Claims
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On March 25, 2022, the U.S. District Court for the Northern District of Illinois approved a $1.1 million settlement with TikTok Inc. to resolve claim that TikTok collected children’s data and sold it to third parties without parental consent. …
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Illinois Biometric Law Limitation Period Clarified by Illinois Court
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Posted in U.S. State Law
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.
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BIPA Lawsuit Proceeds Against Apple in Federal Court
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Posted in Information Security, U.S. State Law
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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Facebook Agrees to Landmark 550 Million Dollar Settlement in BIPA Class Action
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Facebook disclosed on January 29, 2020, that it has agreed to pay 550 million dollars to resolve a biometric privacy class action filed by Illinois users under the Biometric Information Privacy Act.
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Ninth Circuit Allows Class Action Challenging Facebook’s Facial Recognition Technology Under Illinois BIPA
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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.
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Ninth Circuit Rejects Facial Recognition Claim Against Facebook
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Posted in Information Security
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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Illinois Seeks to Impose Restrictions on the Use of Artificial Intelligence in Job Interviews
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Posted in U.S. State Law, Workplace Privacy
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. …
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Illinois General Assembly Approves Breach Notification Amendment to Personal Information Protection Act
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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.
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