May 16, 2022

Volume XII, Number 136

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May 16, 2022

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Path Cleared for Biometric Privacy Suits, Companies Encouraged to Review Practices

On Friday, January 25, 2019, the Illinois Supreme Court issued an opinion that should prompt companies to immediately assess their practices and policies regarding the collection, possession, use, storage, and destruction of biometric data. These practices are governed by an Illinois statute called the Biometric Information Privacy Act (BIPA).

As reported in our recent article, companies may choose to collect biometric data, such as employee fingerprints, to achieve workplace efficiencies, including more accurate timekeeping, fraud prevention, and onsite security. Companies may also collect the biometric data of their customers for a variety of business reasons. Under BIPA, a "biometric identifier" means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. "Biometric information" means information based on an individual's biometric identifier (regardless of how it is captured, converted, stored, or shared).

The Illinois Supreme Court confirmed that plaintiffs may maintain lawsuits for technical violations of BIPA, even if they have not suffered harm or actual damages. This ruling will most certainly invite a flood of new litigation, on top of the numerous BIPA cases that are currently pending.

© 2022 Much Shelist, P.C.National Law Review, Volume IX, Number 29
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About this Author

Laura A. Elkayam Employment Lawyer Much Law Firm
Associate

Laura helps employers implement best practices to promote compliance with federal, state, and local labor and employment laws, while remaining mindful of each company’s unique business strategies and objectives.

Laura advises employers on matters pertaining to nearly every aspect of the employment relationship, including hiring, termination, leaves of absence, and wage and hour issues. She counsels clients on compliance with a variety of employment laws, including Title VII, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA...

312.521.2770
Principal

Jim is a highly regarded legal advisor and litigator who taps his extensive trial and appellate experience to help clients identify potential issues, prevent costly business disruptions and minimize the impact of complex commercial disputes. Over the course of his career, Jim has counseled entrepreneurs, startups, mid-cap companies, and large, publicly traded corporations. He has represented businesses, owners, executives and directors in federal and state courts across the country, including in Arizona, California, Florida, Illinois, Indiana, Nebraska, New York, and Oklahoma.

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312-521-2723
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