BIPA damages accrue per transaction

By Anna Rudawski (US) and Susan Ross (US) on March 1, 2023 Posted in BIPA

Data Protection Report - Norton Rose Fulbright

On February 17, 2023, the Illinois Supreme Court decided, by a 4-3 vote, that each time a private entity scans or transmits an individual’s biometric information without complying with Illinois Biometric Information Privacy Act (BIPA), that constitutes a separate violation under BIPA. (Cothron v. White Castle System, Inc., 2023 IL 128004 (Ill. Feb. 17 2023).) … Continue reading

BIPA Year in Review: Where Are We Now and What’s Coming Next?

By Anna Rudawski (US) and Alexis Wilpon (US) on November 16, 2022 Posted in General

2022 has been a record year for Illinois Biometric Information Privacy Act (“BIPA”) litigation. Since its enactment in 2008, BIPA has been one of the most litigated privacy-related laws with some of the highest penalties. However, it wasn’t until last month that the first BIPA jury verdict was ever rendered. The award, a whopping $228 … Continue reading

Illinois Supreme Court Rules that Compensation Act is not a bar to BIPA Damages

By David Kessler (US), Anna Rudawski (US) and Alexis Wilpon (US) on February 10, 2022 Posted in Compliance and risk management, Dispute resolution and litigation, Privacy law

Illinois’ Biometric Information Privacy Act (“BIPA”) is considered the most comprehensive law governing the processing of biometric data. Passed in 2008, BIPA sets out requirements for private entities, including employers, that collect, use, store, and share biometric information. It’s also one of the most popular class action suits today – hundreds, if not thousands of … Continue reading