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According to a complaint filed in federal district court in Chicago, Examity violated the Illinois Biometric Information Privacy Act (BIPA) by illegally storing and using a student’s biometric identifiers and information. Last week’s filing explained that Examity is a company that “develops, owns, and operates an eponymous online proctoring software that collects biometric information.” When the plaintiff, a college student, used the exam software, Examity reportedly collected his biometrics, including his eye movements and facial expressions.
The filing took issue with the company’s alleged failure to provide statutorily required data retention and destruction policies. It also explained that Examity “failed to provide Plaintiff the specific purpose and length of term for which a biometric identifier or biometric information was being collected, stored, and used.” The plaintiff claimed that he can only conclude, based on Examity’s s
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Earlier this year, we published the below summary of the
Illinois Biometric Information Privacy Act
( BIPA ). Because of increased litigation in this
area over the last couple of months, we are publishing the
information again and urging companies to evaluate their use of
employee fingerprints, hand scans, retina scans or facial
recognition technology anywhere in the workplace. Failing to
obtain an employee s written consent prior to using, collecting
or retaining their biometric information is resulting in class
action litigation that may not be covered by the company s
To print this article, all you need is to be registered or login on Mondaq.com.
Earlier this year, we published the below summary of the
Illinois Biometric Information Privacy Act (“BIPA”).
Because of increased litigation in this area over the last couple
of months, we are publishing the information again and urging
companies to evaluate their use of employee fingerprints, hand
scans, retina scans or facial recognition technology anywhere in
the workplace. Failing to obtain an employee s written consent
prior to using, collecting or retaining their biometric information
is resulting in class action litigation that may not be covered by
With Biometrics, Technology s Doubled-Edged Nature Is On Full Display abovethelaw.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from abovethelaw.com Daily Mail and Mail on Sunday newspapers.
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Legal Groups Back White Castle s 7th Circ. Bid To Curb BIPA
Law360 (April 6, 2021, 9:23 PM EDT) Legal groups representing the restaurant and retail industries have thrown their support behind White Castle, urging the Seventh Circuit to reverse a lower court s decision that Illinois Biometric Information Privacy Act claims accrue with each violation instead of only the first violation.
The Restaurant Law Center and the Retail Litigation Center Inc. on Monday joined in an amicus brief saying the Illinois federal court s interpretation of BIPA in Latrina Cothron s suit against her former employer, White Castle System Inc., overreaches by holding that each unlawful finger scan can constitute a separate violation of the act, as can each wrongful instance of.