A Finger on the Pulse of Biometric Privacy: What Illinois’ New BIPA Amendment Means for Employers
Background of the Act In 2008, Illinois enacted the Biometric Information Privacy Act (BIPA) 740 ILCS 14. The stated intent behind BIPA is to limit safety and security concerns over the increased use of biometric-facilitated transactions. Given that biometric data is biologically unique to the individual, once compromised, it leaves the affected individual at a […]
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 […]