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. Illinois’ Biometric Information Privacy Act (BIPA) is one of the first major examples. BIPA establishes standards for how companies collect, store, use, and share Illinois consumers’ biometric information. With fines up to $5,000 and a private right of action per infraction, potential BIPA violations are a critical concern for companies handling biometric information.
We have defended numerous clients in putative class actions alleging violations of the disclosure and consent requirements of BIPA, and have successfully resolved BIPA cases pre-suit. We can help you minimize exposure in costly BIPA litigation.
Proactive compliance with biometric laws and regulations can save you time, money, and stress. Our team tracks regulatory developments at all levels, so we can advise you with respect to regulatory risks related to biometric technologies and data, and update your policies to ensure compliance.
Businesses operating in regulated industries that deliver products or services, including:
We have experience with complex consumer privacy, data protection, and security laws impacting businesses nationwide, including, among others:
HR Magzine | September 28, 2020
Chicago Complex Commercial Disputes partners Rich Tilghman and John Ruskusky, and associate Henry Caldwell contributed this article, based on their recent blog post, on the rise in putative class actions in Illinois by employees against entities that employ biometric technology.
Law360 | July 16, 2020
This article includes commentary from Chicago Complex Commercial Disputes partners John Ruskusky and Seth Horvath on some of the most noteworthy Illinois decisions thus far in 2020. John discusses a decision related to the Illinois Biometric Information Privacy Act, while Seth comments on a decision regarding parents suing paint makers for children’s lead test costs, as well as a ruling on a record destruction provision in the Chicago police union contract.
The American Lawyer | February 05, 2020
This article features Chicago Complex Commercial Disputes partners John Ruskusky and Richard Tilghman analyzing Facebook’s recent $550 million settlement in a class action suit alleging violations of Illinois’ Biometric Information Privacy Act.
Rochester Business Journal | November 15, 2019
In the latest installment of his monthly column, Rochester Corporate partner Jeremy Wolk analyzes state-level legislation aimed at enhancing consumer privacy rights and protections, similar to the European Union’s General Data Protection Regulation. Rochester Corporate associate Jenny Holmes contributed to the column.
Business Insurance Magazine | August 20, 2019
In this article, Chicago Complex Commercial Disputes partner Rich Tilghman discusses the impact of a recent Ninth Circuit ruling recognizing the plaintiffs’ standing in a class action suit accusing Facebook of violating Illinois’ biometric law through its use of facial recognition technology.
Rochester Business Journal | January 25, 2019
Rochester Corporate partner Jeremy Wolk wrote this contributed column analyzing a lawsuit filed against Facebook in Washington, DC, alleging violations of state-level consumer protection laws by the social media company. This article incorporates perspective from an alert written by Washington Complex Commercial Disputes associate Brian Donnelly, Rochester Corporate associate Jenny Holmes, and Los Angeles Government Investigations & White Collar Defense associate Karina Puttieva.
Los Angeles/San Francisco Daily Journal | January 23, 2019
Los Angeles Government Investigations and White Collar Defense partner Jason Gonzalez and associate Karina Puttieva co-wrote this contributed article identifying issues with the “remarkably unclear” California Consumer Privacy Act, a measure passed last year that regulates large businesses businesses who buy, sell or share consumers’ personal information.
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