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In recent weeks, a number of new class actions have been filed in the U.S. District Court for the Northern District of Illinois asserting novel claims under the Illinois Right to Publicity Act (“IRPA”) 765 ILCS 1075/1
et seq.
What is IRPA?
IRPA was enacted in 1999, replacing the prior common law right of publicity in Illinois. The main thrust of the statutes is that a person may not use an individual s “identity” for “commercial purposes” during the individual s lifetime without having obtained previous written consent. “Identity” is defined broadly to mean “any attribute of an individual that serves to identify that individual to an ordinary, reasonable viewer or listener,” which can include a person’s name, signature, image, voice, or other identifying information. “Commercial purpose” is likewise defined broadly as “the public use of holding out of an individual’s identit
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At select ballparks across the country, fans can speed through security screen procedures using thumbprint scans. Sports venues from Madison Square Garden to CenturyLink Field now use biometrics to enhance game day experience. Major League Baseball in particular has led the charge with biometric ticketing through fingerprinting. Biometric security platforms from CLEAR process game entry at 13 of the 30 MLB ballparks. After swiftly entering the stadium, fans can purchase their favorite beverage or hotdog with the same thumbprint scan that is tied to the fan’s credit card and biometric data profile.
A former security officer has urged an Illinois federal court not to toss her biometric privacy suit over a data management company's allegedly unlawful door access procedures, arguing her past union membership shouldn't doom her claims.
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Throughout the month of March, states continued to introduce new
privacy laws of their own as Congress focused on enacting President
Biden s $1.9 trillion COVID-19 relief plan H.R. 1319, the American Rescue Plan Act of
2021 which President Biden signed into law on March 11.
The last month notably featured several key developments in
California, as the state announced the establishment of the
five-member inaugural board for the California Privacy Protection
Agency (CPPA), a new administrative agency created by the
California Privacy Rights Act (CPRA) and charged with implementing
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Earlier this year, the Illinois 102nd General Assembly
introduced Senate Bill 56 (SB 56) and House Bill 559 (HB 559). Both bills
propose amendments to the Illinois Biometric Information Privacy Act (BIPA).
BIPA regulates how private entities collect, use and share
consumers and employees biometric data, as well as
imposes security requirements.
BIPA provides that [a]ny person aggrieved by a
violation has a right of action and imposes statutory
penalties of $1,000 for each negligent violation or actual damages,
$5,000 for each willful or reckless violation or actual damages,