Ropes & Gray data, privacy & cybersecurity associate Matthew Cin spoke with Law360, about Illinois’s recent amendments to its Biometric Information Privacy Act (BIPA). Ever since it was enacted in 2008, BIPA, which can restrict companies from collecting and sharing biometric data without data subjects’ consent, has been a source of privacy-related litigation and
On Friday, August 2, Governor J.B. Pritzker of Illinois signed into law SB2979, an amendment to the state’s landmark biometric privacy law. The amendment offers a welcome step forward to correcting the rapid overexpansion of potential damages associated with violations of the law without curbing any of its privacy protections. The measure amends the state’s Biometric Information Privacy Act (“BIPA”) in two significant ways. First, the law, as amended now expressly includes electronic signatures as a form of “written release.” Second, the amendment limits actions for recovery to a maximum of one violation per plaintiff, rather than one violation per instance of collection or transmission of biometric information. This post examines the amendment and its impacts on businesses collecting biometric information in the state. We also highlight notable biometric privacy developments in Texas.Continue Reading Biometric Privacy Update: Illinois Legislature Balances BIPA, but Don’t Mess with Texas
On February 17, 2023, the exposure risk of a company found to be violating Illinois’ Biometric Information Privacy Act (BIPA) increased to a potentially crippling amount. What was previously commonly understood to entail a maximum of $1,000 per negligent (or $5,000 for reckless) violation per plaintiff now authorizes a $5,000 fine per instance of collection, turning—for example—the nonconsensual use of an employee’s fingerprint for clocking in and out of work multiple times per day to 1,040 violations of BIPA per year if a full-time employee clocks in and/or out just four times each day, potentially resulting in estimated damages of $1,040,000 for negligent violations or $5,200,000 for reckless violationsContinue Reading BIPA Ahead: A New Ruling Introduces a Staggering Depth Beneath the Tip of the BIPA Iceberg
Illinois continues to be a hotbed of privacy litigation, in large part due to Illinois’s landmark Biometric Information Privacy Act (BIPA), which was enacted in 2008. Despite the flood of cases in the wake of Rosenbach v. Six Flags Ent. Corp., 2019 IL 123186, 129 N.E.3d 1197 (Ill. 2019), this is only the first BIPA class action lawsuit to proceed to trial. On October 12, 2022, in Richard Rogers v. BNSF Railway Company (Case No. 19-C-3083, N.D. Ill.), a federal jury in Chicago found in favor of a class of more than 44,000 truck drivers who alleged that BNSF Railway Company (BNSF) violated BIPA by unlawfully scanning employee fingerprints for identity verification purposes without giving notice and obtaining their prior written permission. U.S. District Judge Kennelly entered a judgment against BNSF for $228M in damages. This case highlights many important considerations for organizations deploying biometric technologies in Illinois, including the potential for vicarious liability for a vendor’s actions, and provides valuable insight into how damages in BIPA cases are calculated. This decision from the Illinois court demonstrates that defendants can face significant civil liability in BIPA litigation, and companies using or collecting biometric information should be aware of these risks.Continue Reading First-Ever BIPA Trial – Jury Awards Staggering $228M in Damages
As 2021 comes to a close, so does our 12 Days of Data series, but we will see you on the other side in 2022 with more posts on the top privacy and data protection issues. 2021 was an interesting year. While vaccinations spread and some sense of normalcy started to return, new strains of COVID-19 led to additional waves of shutdowns that stalled many of the debates. In 2022, we anticipate that the move toward a new normal will continue, and we will once again start to see traction on some of these data, privacy, and cybersecurity issues. As a preview, here are some of the key areas where we expect to see potential developments in 2022.
Continue Reading Closing out the 12 Days of Data: What to Expect in 2022
On August 8, 2019, a panel of the Ninth Circuit Court of Appeals affirmed a California district court’s decision allowing plaintiffs to proceed on claims against Facebook under the Illinois Biometric Information Privacy Act (“BIPA”), 740 Ill. Comp. Stat. 14/ (2008). Patel v. Facebook, Inc., 2019 U.S. App. LEXIS 23673. The ruling marks the first federal appellate court decision affirming a broad Article III standing precedent for plaintiffs asserting claims under BIPA – which may impact both BIPA cases as well as data breach cases under the California Consumer Privacy Act (“CCPA”). The appeals court also held that the potential for large statutory damages did not constitute grounds to refuse to certify the proposed class.
Continue Reading Ninth Circuit Affirms Ruling that Plaintiffs Have Article III Standing in Illinois Biometric Privacy Class Action