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.
- Ready, Set, BIPA! Missouri Among States Considering Biometric Information Privacy LegislationReady, Set, BIPA! Missouri Among States Considering Biometric Information Privacy Legislation
Earlier this year, the Missouri legislature proposed its own Biometric Information Privacy Act (HB 1047), joining the growing list of states eager to enact and implement laws governing biometric data. Biometric data or information includes a person’s fingerprint, handprint, retina scan, and facial geometry.
- BIPA’s Discretionary Damages in Practice: BNSF Gets Its Shot to Reduce a Historic $228 Million JudgementBIPA’s Discretionary Damages in Practice: BNSF Gets Its Shot to Reduce a Historic $228 Million Judgement
The Illinois Biometric Privacy Act (BIPA) provides that a prevailing party “may” recover liquidated damages for a violation of the statute. Addressing the potential for “annihilative liability” in White Castle, the Illinois Supreme Court provided a (small) break in the clouds for Illinois businesses. The Illinois court explained that a trial court “would certainly possess the discretion to fashion a damage award that (1) fairly compensated claiming class members and (2) included an amount designed to deter future violations, without destroying defendant’s business.”
- Illinois BIPA Law Developments & Liabilities: Why You and Your Business Should CareIllinois BIPA Law Developments & Liabilities: Why You and Your Business Should Care
Join Jeff Risch to learn about the latest BIPA news in Illinois, and what businesses need to know!
- How Not to Get Fired as a General CounselHow Not to Get Fired as a General Counsel
Join Molly Arranz and Sherry Coley for their presentation, “How Not to Get Fired as a General Counsel" at the ACC-WI 2023 Annual Conference & Meeting of Members!