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In the 2020 Augmented and Virtual Reality Survey conducted by Perkins Coie, Boost VC, and the XR Association, nearly three-quarters of industry leaders polled indicated that they expect immersive technologies to be mainstream within the next five years. A noteworthy number of industry leaders believe that artificial intelligence (AI) and machine learning will help drive this adoption in both consumer and business segments. The growth of immersive technologies with AI and machine learning does, however, come with risks. This article will discuss the legal, compliance, and ethical risks in the data privacy landscape when integrating machine learning functionality into immersive technology offerings.
Wednesday, December 16, 2020
It is becoming the data privacy version of paint by numbers: a plaintiff files a putative class action against their employer, alleging that the employer collected employees’ biometric information in violation of the Illinois Biometric Information Privacy Act (“BIPA”). Well, in the most recent permutation of the litany of BIPA litigations filed this year, a federal court held that claims under BIPA should not be remanded to state court and also that a complaint met federal pleading standards to withstand a motion to dismiss.
Roberson v. Maestro Consulting Servs. Llc, 2020 U.S. Dist. LEXIS 233868 (S.D. Ill. 2020).
Plaintiffs were employed by Defendants, a network of various nursing homes. To track Plaintiffs’ time and attendance, Defendants collected, and Plaintiffs scanned, fingerprints or handprints for time and attendance purposes. Plaintiffs filed suit in state court, asserting that Defendants’ practices violated BIPA.