Be Aware of Technology-Related Legal Risks Amid COVID-19.
Temperature scanning devices, social distancing monitoring apparatus wearable devices, surveillance cameras, and kiosks are only a few of the new systems that have been designed to slow the spread of COVID-19 and provide employers with solutions for dealing with new workplace challenges during the pandemic. Employers are advised to keep in mind that these systems and devices may raise privacy concerns under the ADA. For example, temperature checking technology may store information considered confidential under the ADA. Products may use facial recognition software or location data tracking, store sensitive information, or beep, buzz, or vibrate and exacerbate certain health conditions of employees. If your company already implements any of these systems, or if you are planning on implementing them in the future, make sure you are aware of these potential concerns.
The Best Law Youâve Never Heard Of
Taking back control of our personal data can feel like a lost cause. But thereâs hope!
Credit.Alexis Beauclair to receive it weekdays.
Americans should feel angry about companies harvesting every morsel of our data to sell us sneakers or rate our creditworthiness. But a data protection law that few of us know about should also give us hope.
Iâm talking about the Biometric Information Privacy Act of Illinois, or BIPA. Itâs one of the toughest privacy laws in the United States. And it passed in 2008, when most of us didnât have smartphones and couldnât have imagined Alexa in our kitchens.
January 13, MD House Delegate Sara Love Introduced the Biometric Identifiers and Biometric Information Privacy Act substantially modeled after the Biometric Information Privacy Act in Illinois, 740 ILCS 14 et seq BIPA.
Thursday, February 11, 2021
Biometric privacy litigation has exploded in the last several years, with the current hot spot focus in Illinois. Class actions under the Illinois Biometric Information and Privacy Act (“BIPA”) have flooded the Illinois state and federal courts since a January 2019 Illinois Supreme Court decision.
The Illinois Statute
The Illinois legislature passed the state’s BIPA in 2008 to address the enhanced risk of identity theft associated with the collection and processing of biometric data (fingerprints, voiceprints, facial identifiers, retinal scan data, etc.). When biological data such as this is compromised, the attacker obtains a permanent marker for the affected individual. The Illinois legislature designed BIPA to require publicly posting a general notice and obtaining consent from the particular person whose biometric information was collected. 740 ILCS 14/15(a), (b). And, importantly, BIPA provides for a private right of action to a p
Tuesday, February 9, 2021
Highlights from this issue include:
Supreme Court grants cert in securities class action to address whether the
Basic presumption of class-wide reliance can be rebutted based on the generic nature of the alleged representation and that the statement had no price impact.
Massachusetts appellate court emphasizes that evidence is required to support class certification, even under state law.
District court in the Second Circuit holds that
Daubert analysis must be conducted at the class certification stage.
Third Circuit holds that the failure to register tires under federal law is not enough to confer standing.
Seventh Circuit holds that violations of the data retention and destruction requirements of the Biometric Information Privacy Act are sufficient for standing.