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Is There Insurance Coverage for an Underlying BIPA Lawsuit?

Introduction The Biometric Information Privacy Act (BIPA or Act) has launched hundreds, if not thousands, of lawsuits across the state and federal courts of Illinois. Some BIPA lawsuits have even made their way to other states,[1] with some settling for enormous sums.[2] With so many BIPA lawsuits, insureds and insurers have been asking an important question: does […]

BIPA Ruling Furthers Mixed Signals On Insurance Coverage

The Biometric Information Privacy Act is the litigation gift that keeps on giving. Hundreds, if not thousands, of BIPA lawsuits have been filed across the state and federal courts of Illinois. Some BIPA lawsuits have even made their way out-of-state,[i] with some settling for enormous sums.[ii] With so many BIPA lawsuits being filed, across all industries, […]

Four Appellate Decisions Could Alter the Current Landscape for Claims Under Illinois’ Biometric Information Privacy Act (BIPA)

Illinois’ 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 […]

The Biometric Information Privacy Act (BIPA) Is Back Before the Illinois Supreme Court

Analysis of Recent Appellate Court Decision Regarding Workers Compensation and BIPA BIPA is now back before the Illinois Supreme Court.  On January 27, 2021, the Supreme Court granted permission for leave to appeal the First District’s decision in McDonald v. Symphony Bronzeville Park LLC, 2020 IL App (1st) 192398.  The McDonald case answered a single, certified question: Do […]

Could the Illinois Biometric Information Privacy Act (BIPA) Have a One-Year Statute of Limitations?

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 […]

Facebook Tagged for $550 Million Settlement

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 […]

Is the Illinois Biometric Information Privacy Act (BIPA) Unconstitutional?

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 […]

Get Ready for a Wild Ride: The Illinois Supreme Court Decides that a Bare Violation of BIPA Supports a Cause of Action, with No Actual Injury Required

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 […]