Articles Tagged with Biometric Information Privacy Act (BIPA)

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Neural Data: What Illinois Business Owners Need to Know

California enacted an Amendment to the California Consumer Privacy Act (CCPA) that adds neural data to the list of protected personal sensitive information. For Illinois business owners—especially those conducting business in California or utilizing neurotechnology—this development is worth understanding, as it marks another step in the expanding landscape of data privacy laws. Neural data, often collected through non-invasive neurotechnology tools, is now considered sensitive and will be protected under the same stringent requirements as other personal information like genetic, biometric, and geolocation data.

What is Neural Data and Why is it Important?

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Insurance Coverage for BIPA violations.

Businesses across Illinois are facing serious challenges in securing insurance coverage for lawsuits brought under the Biometric Information Privacy Act (BIPA).   And a recent decision by the federal court in Chicago – Westfield Insurance Company v. UCAL Systems, Inc. – dealt yet another blow to corporate policyholders.  This ruling is just the latest in a series of legal setbacks that make obtaining coverage for BIPA claims under standard Commercial General Liability (CGL) policies an uphill battle.

What Is BIPA, and Why Does It Matter?

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BIPA Amendment Making Waves in Litigation Trends

The landscape of biometric privacy in Illinois is poised for a significant shift following the recent amendment to the Illinois Biometric Information Privacy Act (BIPA). On August 4, 2024, Governor JB Pritzker signed S.B. 2979 into law introducing a crucial modification that could have far-reaching implications for businesses and the ongoing wave of biometric privacy litigation.

Understanding BIPA: A Background

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Lawmakers Amend BIPA

When a class action lawsuit against the fast food chain White Castle teed up what could have been a $17 billion dollar verdict the Illinois Supreme Court decided to “respectfully suggest” that the state legislature revisit and clarify certain provisions of the Biometric Information Privacy Act (BIPA) of 2008.

That act, as originally written, held that employers who did not obtain employees’ permission when using their fingerprints or other biometric information like face scans in the course of their jobs—or who overlooked the same step if collecting similar information from customers—would be on the hook for $1,000 per “negligent” violation or $5,000 per “reckless” or “intentional” violation.  For example, if a fingerprint ID system was used to sign in/out at work, each sign-in and each sign-in was a separate violation which could cost the employer $1,000 each time an employee signed in or signed out.

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