Overview
Navigating the ever-evolving biometric privacy laws in multiple jurisdictions is not easy, especially when each jurisdiction has its own set of regulations. The biggest litigation headache is the Illinois Biometric Information Privacy Act (BIPA) which regulates the collection, storage and disclosure of biometric information such as finger prints, iris scans and facial recognition. Plaintiffs claim recovery for painful damages based on provisions that create a private right of action, regardless of whether there has been a concrete injury. It generates an avalanche of class action litigation that entraps hundreds of businesses.
Our multi-disciplinary team includes Certified Privacy Professionals who are well-versed in biometric technologies and the laws that regulate them. We understand the advancing technologies that capture biometric data and we refine our guidance based on the latest legal developments. We will guide you through compliance and mitigation risk. We are experienced at defeating the class action mechanism, and dedicated to preventing its abuse. We work with our clients to achieve the best possible outcome, using cost conscious strategies.
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During this presentation Molly Arranz and John Ochoa will review data privacy and security concerns for employers, including concerns related to the Biometric Privacy Act and the Genetic Information Privacy Act. They will review best practices and policies employers should have in place to avoid legal pitfalls.
Podcasts
Data Privacy Attorney, John Ochoa, joins the show to discuss a recent lawsuit of a beverage giant under Illinois Genetic Privacy Law, and a Texas judge says drag shows aren’t always protected by First Amendment, citing the “history and tradition” test, as the legal standard for his ruling.
- Advancements in In-Cab Technology Leads to Privacy Concerns and Litigation
Advancements in In-Cab Technology Leads to Privacy Concerns and LitigationEmployers have long used in-cab cameras for a variety of concerns, including protecting the driver and the public from accidents resulting from inattentive driving. Reviewing the recordings serves as a valuable training tool and can provide key evidence after a collision. However, with the advancement of artificial intelligence and machine learning technologies, and in the wake of recent prosecution of driver cases pursuant to the Illinois Biometric Information Privacy Act, employers using these devices may find themselves subject to heightened scrutiny.
- Subscribe to Amundsen Davis's Litigation Nation Podcast for the latest legal updates!
Subscribe to Amundsen Davis's Litigation Nation Podcast for the latest legal updates!Litigation Nation, a brand new Amundsen Davis podcast with hosts Jack Sanker and Danessa Watkins, is a weekly roundup of the most important and interesting legal developments you missed. New episodes release bi-weekly on Tuesday, summarizing the newsletters you don't have time to read and diving into the headlines to bring you what you need to know.
- John Ochoa Interviewed on Illinois' Reform of Biometrics Privacy LawJohn Ochoa Interviewed on Illinois' Reform of Biometrics Privacy Law
The Cook County Record recently interviewed John Ochoa about the reforms of the biometrics privacy law and how they may affect the state's business community.
- BIPA Reform on the Horizon: Illinois Legislature Passes Significant Legislation Eliminating Per-Scan DamagesBIPA Reform on the Horizon: Illinois Legislature Passes Significant Legislation Eliminating Per-Scan Damages
The first—and a significant—amendment to the Illinois Biometric Privacy Act (BIPA) has just passed both chambers of the Illinois legislature and is headed to Governor Pritzker for approval. SB2979 amends BIPA to address the troubling trend of litigants seeking per-scan damages under BIPA, where a handful of enterprising attorneys have, and continue to file, single-plaintiff cases seeking damages on a per-scan basis that exceed six-figures for a single individual.