BIOMETRIC PRIVACY INSIDER

Welcome to Biometric Privacy Insider!

Jeffrey N. Rosenthal | Welcome to the inaugural blog post of the Biometric Privacy Insider! Authored by Blank Rome LLP’s dedicated Biometric Privacy Team—seasoned privacy, cybersecurity, artificial intelligence, and class action attorneys from around the country—the Biometric Privacy Insider is a one-stop destination for all things biometrics. Readers can expect the same in-depth analysis that…

October 6, 2021July 26, 2022

Illinois Supreme Court Dramatically Expands Liability by Ruling Each Scan of a Biometric Identifier Is a Separate Violation

Amanda M. Noonan | In a 4-3 split, the Illinois Supreme Court ruled earlier this month that claims under Sections 15(b) and 15(d) of the Illinois Biometric Information Privacy Act (“BIPA”) accrue each time a private entity scans a person’s biometric identifier and/or submits such scan to a third party—rather than only upon first collection. Cothron…

February 22, 2023February 22, 2023

Illinois Supreme Court Holds Five-Year Statute of Limitations Applies to All Biometric Information Privacy Act Claims

Amanda M. Noonan | In a highly anticipated decision, the Illinois Supreme Court in Tims v. Blackhorse Carriers, Inc., 2023 IL 127801 (Feb. 2, 2023), recently resolved longstanding uncertainty about the statute of limitations under the Illinois Biometric Information Privacy Act (“BIPA”). The Court held all claims arising under BIPA are governed by the five-year “catch-all”…

February 8, 2023February 8, 2023

First Biometric Privacy Jury Trial Results in Massive $228 Million Dollar Verdict

Amanda M. Noonan | A federal district court in the Northern District of Illinois conducted the first-ever jury trial in an Illinois Biometric Information Privacy Act (“BIPA”) case. On October 12, 2022, the jury returned a verdict for the plaintiff—and more than 45,000 class members—regarding defendant BNSF Railway’s (“BNSF”) reckless violations of BIPA. See Rogers v.…

October 19, 2022October 19, 2022

Delta Airlines Debuts “Parallel Reality” Biometric Flight Information Display

Rachel Evans* | On June 29, 2022, travelers at the Detroit Metropolitan Airport were the first to interact with a new flight information display that uses facial recognition technology “to identify participating travelers and show them the appropriate information.” How It Works Customers can opt-in to the experience by either scanning their boarding pass or activating…

August 2, 2022

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Biometric Privacy Insider analyzes and explores emerging issues in the rapidly developing area of biometric privacy.

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Blank Rome’s biometric privacy attorneys are well versed in this rapidly developing area of law and experienced in assisting clients in directly addressing and minimizing the risks associated with regulatory compliance, enforcement, and litigation.

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Please contact Blank Rome for permission to reprint. Notice: The purpose of this update is to identify select developments that may be of interest to readers. The information contained herein is abridged and summarized from various sources, the accuracy and completeness of which cannot be assured. This update should not be construed as legal advice or opinion, and is not substitute for the advice of counsel.

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