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Over the past three years, one of the hottest class action litigation trends in the United States has been Illinois’ Biometric Information Privacy Act (BIPA) 740 ILCS 14/1 et seq. BIPA requires entities that collect biometric information or identifiers to obtain prior written consent, provide notice of biometric privacy practices, and maintain reasonable security features to protect any collected data. Although BIPA was enacted in 2008, the law went largely unnoticed until 2016, leading many companies to unknowingly operate outside of strict compliance with the law for nearly a decade. Unfortunately, this could be a costly mistake, as BIPA provides a private right of action as well as statutory damages of up to $5,000 per violation.
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By Scott Pink and John Dermody
Governments and businesses alike are considering how to leverage new technologies to make contact tracing efforts more effective by digitally monitoring our social interactions and physical locations. But such innovative contact tracing methods raise a host of privacy concerns, forcing a reckoning with how we balance privacy and public health.
By Frank Nolan and Andrew Weiner
For users of biometric information subject to BIPA’s rigorous requirements, the last two years have brought mostly bad news, most notably a smattering of unfavorable decisions on the question of whether plaintiffs must suffer an injury in order to avail themselves of BIPA. Against this backdrop, however, courts have issued decisions on other aspects of BIPA
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