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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Education on Demand
Join John Ochoa, partner in the Cybersecurity & Data Privacy Service Group, as he discusses what employers, insurance companies, and other businesses that collect health- and genetic-related information need to know to mitigate the risk of litigation.
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.
- Seventh Circuit Ruling Curbs BIPA Damages for Illinois Businesses
Seventh Circuit Ruling Curbs BIPA Damages for Illinois BusinessesIn a major win for businesses facing Biometric Information Privacy Act (“BIPA”) claims, the U.S. Court of Appeals for the Seventh Circuit recently held that the 2024 amendment limiting damages applies retroactively to cases pending at the time of enactment. This decision significantly reduces potential exposure by limiting plaintiffs who allege multiple, biometric data collections or disclosures to a single recovery, rather than per-scan statutory damages, even for actions that predate the amendment.
- Is Your Company ‘Secretly’ Wiretapping Private Conversations? If You Have a Website or App, the Answer May Surprise You
Is Your Company ‘Secretly’ Wiretapping Private Conversations? If You Have a Website or App, the Answer May Surprise YouJoin Molly Arranz as she presents a webcast devoted to the complex legal issues surrounding the monitoring and recording of private conversations, especially in digital spaces.
- The Rise of the Genetic Information Privacy Act: What Businesses Need to Know to Avoid Litigation
The Rise of the Genetic Information Privacy Act: What Businesses Need to Know to Avoid LitigationJoin John Ochoa, partner in the Cybersecurity & Data Privacy Service Group, as he discusses what employers, insurance companies, and other businesses that collect health- and genetic-related information need to know to mitigate the risk of litigation.
- Advancements in In-Cab Technology Leads to Privacy Concerns and LitigationAdvancements in In-Cab Technology Leads to Privacy Concerns and Litigation
Employers 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.