Biometric Information Privacy Act

Overview

More businesses are gathering biometric information—including optical scans, facial recognition, and voiceprints—while legislators and regulatory agencies race to keep up.

Nixon Peabody’s Cybersecurity and Privacy attorneys track updates to the laws governing biometric information, following its evolution from a high-tech curiosity to an integral part of daily operations. We counsel companies as they update and optimize their policies to ensure compliance and reduce litigation risks. Several states and cities have passed laws addressing biometric technologies, and similar legislation has been proposed across the country. We have helped clients in litigation, as well as proactive compliance. Our team has defended numerous clients in putative class actions alleging violations of BIPA, and have successfully resolved BIPA cases pre-suit. On the compliance front, we advise clients on regulatory risks, and help update their policies to ensure they stay within the bounds of the law.

Representative Experience

• Lead litigation counsel for more than 10 companies spread among various industries defending against claims relating BIPA. In one circuit court case, we successfully argued that the accrual date for BIPA purposes was the first date that the challenged device was used, not each subsequent use, which resulted in the dismissal of the plaintiff’s claims.