FB pixel

Illinois Supreme Court ruling in biometric data privacy suit puts insurers on the hook

Illinois Supreme Court ruling in biometric data privacy suit puts insurers on the hook
 

West Bend Mutual Insurance Co. is obliged to defend Krishna Schaumburg Tan Inc. from allegations it violated Illinois’s Biometric Information Privacy Act (BIPA), the State Supreme Court has ruled, Business Insurance reports, in a case which could set a precedent for how insurance policies are applied to BIPA.

The ruling upholding a lower court’s previous decision is based on the finding that the original compliant by plaintiff Klaudia Sekura potentially falls within West Bend’s two business owners’ liability policies, because the complaint alleges a nonbodily personal injury or advertising injury. An exclusion in the coverage based on violations of statutes does not apply to BIPA, according to the ruling.

The State Supreme Court also agreed with the lower court in ruling that the defendant’s alleged sharing of biometric data with its technology vendor counts as ‘publication’ under West Bend policies, which may violate the plaintiff’s privacy rights.

The suit has been remanded to continue.

Insurers take warning

Citizen’s Insurance Co. argued to an Illinois federal judge that its policy exclusions block coverage of alleged violations of BIPA as part of a biometric employee time and attendance system by one of its customers, Law360 writes.

Restaurant franchisee Francesca’s Midwest Holdings Inc. argues the commercial general liability policy in question does not explicitly exclude biometric data privacy claims, while the insurer argues that the claims do not fall within the covered area of ‘personal or advertising injury,’ an argument which may be under threat with the above Krishna ruling.

Citizen’s also argues that claims against it are blocked by an employment-related conduct exclusion and a confidential information-recording exemption.

Article Topics

 |   |   |   |   |   | 

Latest Biometrics News

 

NIST issues guidance to fit passkeys into digital identity recommendations

The U.S. National Institute and Standards Institute has published a supplement to its digital identity guidelines as interim advice for…

 

US oversight body calls for more real-world biometrics testing, bias protections

A federal U.S. agency wants more testing of biometrics applications in the real world, stronger protections against bias and more…

 

UK researchers extract drug residue from gel-lifted fingerprint biometrics

A new breakthrough in a familiar technology could help researchers use fingerprint biometrics to solve cold cases. A press release…

 

Fujitsu scolded for identity error in Japan’s My Number system

Japan’s My Number personal ID system is planning to allow digital identity documents as valid proof of identity when obtaining…

 

ID platform delivered by WISeKey facilitates digital govt services in Seychelles

A digital identity platform dubbed SeyID has been successfully delivered for the government of Seychelles by WISeKey and is already…

 

Vietnam set to issue digital IDs for service access, plans to include foreigners

Vietnam is set to issue digital ID cards for people to use in interactions with public agencies, complementing the VNeID…

Comments

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Most Read From This Week

Featured Company

Biometrics Insight, Opinion

Digital ID In-Depth

Biometrics White Papers

Biometrics Events