Illinois BIPA lawsuits depend on what makes plaintiffs “aggrieved”

The results of dozens of biometric privacy suits filed in Illinois state court depend on the legal definition of the term “aggrieved” in the state’s Biometric Information Privacy Act (BIPA), the National Law Review reports. The uncertainty is whether people affected by procedural violations of the consent and data storage requirements of BIPA are “aggrieved” under the Act if no harm or misuse of the data is shown. Defendants have argued that plaintiffs must establish harm from a statutory violation

Pineapple Hospitality petitions to move biometrics privacy class action to federal court

Last week, Pineapple Hospitality Co. and Pineapple Restaurant Group LLC petitioned to move a putative class action that alleges the companies violated the Illinois Biometric Information Privacy Act (BIPA) to Illinois federal court, according to a Law360 report. The luxury hotelier requested the move from state court under the Class Action Fairness Act because the amount in controversy exceeds $5 million. In an October complaint filed in Cook County Circuit Court, the lead plaintiff claimed that the company did not

Attorneys explain insurance coverage for biometric privacy lawsuits

With the recent barrage of Biometric Information Privacy Act-related lawsuits brought to Illinois courts, several top privacy attorneys discussed what areas defendants should seek insurance coverage for the potentially high-stakes claims, according to a report by Law 360. Though specialized cyberinsurance may make the most sense for companies to cover litigation costs, legal experts say they should also seek coverage in general liability and other more traditional policies. Illinois’ BIPA, which was passed in 2008, requires employers using biometric information

Nursing home sued based on Illinois biometric privacy law

The employees of Paramount of Oak Park Rehabilitation & Nursing Center, LLC, have filed a putative class action against the nursing home, alleging that the facility’s mandatory daily biometric fingerprint scans violate their privacy rights under the Illinois Biometric Information Privacy Act (BIPA), according to a report by National Law Review. The BIPA requires all companies that collect and use biometric information to obtain written consent from employees before collecting such data. The act gives individuals the right to sue

Illinois judge refuses to dismiss Shutterfly face recognition privacy suit

An Illinois federal judge refused to dismiss a putative class action against Shutterfly Inc. which alleges the company violated the state’s Biometric Information Privacy Act by obtaining and retaining face geometry scans of citizens without their consent, according to a report by Law360. The judge ruled that the statute covers data taken from photos and does not require consumers to specify actual damages. U.S. District Judge Joan B. Gottschall issued a 19-page ruling in response to Shutterfly’s February motion to

More businesses hit with class action suits under Illinois biometrics privacy law

Gas station convenience store chain The Speedway and the Lettuce Entertain You group of restaurants have been hit with class action lawsuits alleging the businesses violated Illinois’ biometrics privacy law, according to a report by Cook County Record. Last week, lawyers with the Chicago legal firm Stephan Zouras LLP filed two lawsuits in Cook County Circuit Court on behalf of plaintiffs alleging the companies should be required to compensate for storing biometrics data from either their employees or their customers.

Legislation struggling with deployment pace of biometric identity systems, says privacy expert

In an article published today in Technology Science, a Harvard-based journal, World Privacy Forum founder Pam Dixon argues that legislation is struggling to keep up with the deployment of biometric identity systems resulting in a high risk to fundamental civil liberties and privacy, particularly in India, but also with serious ramifications in the United States. Europe is also vulnerable to ‘mission-creep’ and risks failing the ‘Do no Harm’ principle. “According to the World Bank, 50 percent of countries with a

Lawyer recommends that companies consult biometric privacy experts to avoid lawsuits

In light of several class action lawsuits from employees accusing companies of illegally collecting and storing their biometric data, a Chicago attorney has recommended companies to be conscious of the litigation threat stemming from an increasing number of state laws protecting biometric privacy, according to a report by Cook County Record. “Companies should consult with their lawyers and… adopt policies and procedures to comply with these [and other] requirements,” said Steve Gold, an attorney with McguireWoods. “It is also important

Facebook lobbying against facial recognition laws

Facebook has intensified its state lobbying in the wake of an ongoing lawsuit filed in Illinois, but is doing so by engaging industry groups like the Internet Association and CompTIA to deal directly with lawmakers, according to a report from the Center for Public Integrity published by the Daily Beast. A lawsuit initially filed by Illinois resident Carlo Licata in 2015 alleges that Facebook violated the state’s Biometric Information Privacy Act (BIPA), which requires consent for biometric data collection, with

Intercontinental Hotels employees file class action over fingerprint use

Plaintiff employees of the Intercontinental Hotel Group have filed a class action lawsuit against the hotel chain over claims that it wrongly collected and used their fingerprints and other biometric information, violating the Illinois Biometric Information Privacy Act (BIPA), according to a report by Cook County Record. In late June, plaintiff Eric Zepeda filed a putative class action lawsuit in Cook County Circuit Court against IHG and its subsidiary, the Kimpton Hotel & Restaurant Group, stating the hotel chain should