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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Illinois
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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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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Illinois Supreme Court Hears Standing Arguments
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Posted in Information Security, U.S. State Law
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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Chicago Introduces Data Protection Ordinance
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Posted in Information Security, Online Privacy
Recently, the Personal Data Collection and Protection Ordinance was introduced to the Chicago City Council. The Ordinance would place requirements on businesses related to personal information, data breach notification and consent. …
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