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Throughout 2020 we saw many enforcement actions brought by EU and U.S. regulators. Whether for allegations of deception (misleading privacy representations) or unfairness (failure to protect information), COVID did not appear to slow down regulatory action. Laws that many companies forget about -or don’t know as well- were enforced by regulators, as well as through class action lawsuits. This included the Children’s Online Privacy Protection Act, Illinois’s Biometric Information Privacy Act, and the Telephone Consumer Protection Act.
There are other laws that create a patchwork of requirements for organizations. They range from laws based on the type of entity (HIPAA, GLBA), to those that regulate the activities in which the entity engages (CAN-SPAM, TCPA), and laws designed to protect individuals from whom the company is collecting information (COPPA, FERPA).
Rosenstengel
EAST ST. LOUIS – U.S. District Judge Nancy Rosenstengel dismissed nine union members from a privacy invasion action against nursing homes on Dec. 14, leaving two plaintiffs to carry on.
She ruled that union members must resolve claims against homes in the Symphony Acute Care Network through collective bargaining agreements.
District courts of the Seventh Circuit “have consistently found that Biometric Information Privacy Act claims from unionized employees are preempted by federal law,” she wrote.
She also denied a motion to remand the action to St. Clair County.
John Driscoll filed it there in 2017, for Saroya Roberson.
Roberson claimed Sycamore Village, a Symphony network home in Swansea, failed to protect privacy of fingerprints she registered on its time clock.
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Ticket Seller Gets Ill. Finger Scan Suit Paused For Appeals
Law360 (December 16, 2020, 4:20 PM EST) An Illinois federal judge on Tuesday granted online ticket seller Vivid Seats bid to pause a lawsuit claiming it unlawfully collects and uses employees biometric information as the state and federal appellate courts consider two issues that could affect the case.
U.S. District Judge Franklin Valderrama said a stay is warranted in former Vivid Seats employee Samuel Donets proposed class action because two impending state appellate decisions in Tims v. Black Horse Carriers and Marion v. Ring Container Technologies LLC, which will determine the applicable statute of limitations for Biometric Information Privacy Act claims, could be dispositive of Donets case..
By Zach Mottl
Cook, Madison and St. Clair counties just put Illinois on the map for being one of the worst âjudicial hellholesâ in the nation â again.
This discouraging, yet unsurprising news comes from the American Tort Reform Foundationâs newly released 2020 Judicial Hellholes report, an annual report that spotlights the jurisdictions where documented histories of lawsuit abuse have earned them reputations as judicial hellholes, and where constituents are forced to suffer the far-reaching impact of an imbalanced court system.
This year, Cook, Madison and St. Clair counties earned the No. 8 spot on the list of nine hellholes, down from No. 7 last year. While this can technically be viewed as progress, being labeled the nationâs eighth worst hellhole instead of the seventh is hardly what I would call an improvement to our reputation.
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Nursing Home Workers Can t Get BIPA Suit Remanded
Law360 (December 14, 2020, 9:26 PM EST) An Illinois federal judge on Monday rejected an attempt from nursing home network workers to return to state court their claims the network violated the state s Biometric Information Privacy Act with its fingerprint timekeeping system and said union members are preempted from suing.
Applying a series of recent BIPA rulings on the heated question of which courts have jurisdiction over the cases, U.S. District Judge Nancy Rosenstengel said most of the workers claims should proceed in federal court. She dismissed all claims against Maestro Consulting Services LLC from union members, saying they were preempted by the Labor Management Relations Act..