Explores the Visual Pak case and its impact on whether insurers in Illinois have an obligation to defend their insureds in BIPA litigation.
Using Remprex v. Lloyd’s London, this post analyzes the mixed rulings surrounding the question: is the defense of BIPA lawsuits covered by insurance.
Analyzes conflicting federal court decisions on policy exclusions insurers have pressed for denying coverage in BIPA litigation
Analyzes why corporate defendants in Illinois BIPA cases hope pending appellate rulings allow preemption by statute of limitations and exclusivity of work comp
Illinois' Supreme Court is set to decide if the exclusivity provisions of the Workers’ Compensation Act bar a BIPA claim
Illinois appellate court is poised to determine SOL for BIPA claims: one-year invasion of privacy, two-year statutory, or five-year general
Facebook boasts of connecting us, of connecting users from across the world and uniting them by common interests and friendships. One of the features for connecting users is the tagging feature – a way to indicate who is appearing in a photograph. Facebook users can tag themselves and also tag their friends. Facebook can also participate, using facial-recognition software to suggest the names of the people appearing in a users’ photos. See Patel v. Facebook, Inc., 932 F.3d 1264, 1268 (9th Cir. 2019) (“If Tag Suggestions is enabled, Facebook may use facial-recognition ...
The Biometric Information Privacy Act (BIPA) establishes safeguards and procedures relating to the retention, collection, disclosure, and destruction of biometric data. 740 ILCS 14/15. Passed in October 2008, BIPA is intended to protect a person’s unique biological traits – the data encompassed in a person’s fingerprint, voice print, retinal scan, or facial geometry. Id. But in the last few years, BIPA – with its statutory penalties of $1,000 for each negligent violation and $5,000 for each intentional or reckless violation – has quickly become the bane of corporate ...
The Biometric Information Privacy Act (BIPA) establishes safeguards and procedures relating to the retention, collection, disclosure, and destruction of biometric data. Passed in October 2008, BIPA is intended to protect a person’s unique biological traits—the data encompassed in a person’s fingerprint, voice print, retinal scan, or facial geometry. This information is the most sensitive data belonging to an individual. Unlike a PIN code or a social security number, once biometric data is compromised, “the individual has no recourse, is at [a] heightened risk for ...
The Biometric Information Privacy Act (BIPA) establishes safeguards and procedures relating to the retention, collection, disclosure, and destruction of biometric data. Passed in October 2008, BIPA is intended to protect a person’s unique biological traits – the data encompassed in a person’s fingerprint, voice print, retinal scan, or facial geometry. This information is the most sensitive data belonging to an individual. Unlike a PIN code or a social security number, once biometric data is compromised, “the individual has no recourse, is at [a] heightened risk for ...
