. . .
cause of action against the Private Entity . . . for
damages sustained as a result of the violation or
$1,000 per day for each day of violation,
whichever is greater and such other remedies as may be appropriate . . . [and] a court may award to the plaintiff who prevails . . . a reasonable amount . . . [of]
attorney fees . . . .”
Facial recognition technologies like other emerging biometric technologies can be useful business tools. These programs match a human face from a digital image against a database of facial images to identify or verify the identity of an individual. Organizations may use facial recognition technology in a wide variety of circumstances: to prevent retail crime, to find missing persons, to target advertising, to validate identities of employees or customers, or to perform health screenings at large events. Personal devices and applications may also use facial recognition technology to maintain security and facilitate authorized user access, f
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Buddig Meats Parent Co. Hit With Finger Scan Privacy Suit
Law360 (February 3, 2021, 4:50 PM EST) The processor and parent company of Buddig packaged lunch meats and other products got hit Tuesday with a proposed class state court suit for allegedly implementing time-tracking practices that violate its Illinois employees biometric privacy rights.
Former employee Diamond Fells claimed in Cook County Circuit Court that Carl Buddig and Co., which is also the parent company of Old Wisconsin hardwood-smoked sausage snacks and certain Kingsford precooked barbecue foods, has violated the Illinois Biometric Information Privacy Act by requiring its workers to scan their fingerprints to track their work time without first obtaining informed consent.
Monday, February 1, 2021
A look at the most significant cases and stories in class and collective litigation last year, and the anticipated impact of these developments in 2021:
1. Pandemic-related class actions lie in wait
The COVID-19 pandemic was the most significant challenge employers had to reckon with in 2020, and COVID-19-related litigation continues to evolve alongside the ever-changing workplace. Although companies faced an onslaught of employment claims related to the pandemic and its operational and financial impact, relatively few of these were class filings.
According to the Jackson Lewis COVID-19 Employment LitWatch, there were more than 1,300 COVID-19 related employment complaints filed in federal and state courts in 2020; only 67 of those complaints were class or collective actions. However, multi-plaintiff lawsuits are expected to pick up steam in 2021, as the nation continues to contend with the most recent surge and the pandemic’s ongoing economic
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February 1, 2021
A former Pepperidge Farm, Incorporated (Pepperidge) employee has sued the company for violations of the Illinois Biometric Information Privacy Act (BIPA) regarding the commercial bakery’s allegedly improper collection, use, and safeguard of employees’ handprints, which constitute biometric data protected by law. The complaint was filed against the Connecticut-based company on Jan. 29 in the Northern District of Illinois.
The plaintiff argued that the court has diversity jurisdiction over the matter because the plaintiff is a citizen of Illinois, Pepperidge a citizen of Connecticut, and the amount in controversy exceeds $75,000. As to the controverted figure, the complaint states that because an individual may recover between $1,000 and $5,000 in statutory damages for each BIPA violation, and the plaintiff “estimates he scanned his hand 6 times a day, 6 days a week, for his three-week term of employment, the statutory damages he is
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Data privacy laws have made significant breakthroughs in recent years, making it a top priority for businesses. From the adoption of the European Union’s General Data Protection Regulation (GDPR) in 2016 to the enactment of the California Consumer Privacy Act (CCPA) in 2018 and the latest ballot approval of the California Privacy Rights Act (CPRA) in 2020, we continue to see data privacy laws develop and garner interest from consumers, businesses, and legislators alike.
Specific biometric privacy laws, in particular however, are often overshadowed by more general data privacy laws. As we discussed in our prior article, biometrics are physical and behavioral human characteristics (