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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.…

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…

Congressional Hearing Update: “Privacy in the Age of Biometrics”

Rachel Evans* | On June 29, 2022, the Subcommittee on Investigations and Oversight for the House Committee on Science, Space, and Technology heard testimony from multiple experts about the expansion of biometric technology and the future of American privacy law. This hearing signals Congress’ intention to consider new legislation aimed at protecting privacy interests while simultaneously…

Q1 Biometric Privacy Litigation Update

Amanda M. Noonan | In the first quarter of 2022, there have already been significant legal developments in the biometric technology space. Most notably, the Illinois Supreme Court—which has actively taken Illinois Biometric Privacy Act (“BIPA”) cases amid the surge of such class action litigation in federal and state courts—issued several consequential BIPA opinions this year.…

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