December tends to be a busy time for everyone, so you may have missed a privacy update or two. We have set out some updates in the form of questions, with links in the answers where you can find more
BIPA
BIPA damages accrue per transaction
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…
BIPA Year in Review: Where Are We Now and What’s Coming Next?
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…
Illinois Supreme Court Rules that Compensation Act is not a bar to BIPA Damages
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 cases have been filed in recent years – and there is no sign that the litigation is slowing down.