Tag Archives: BIPA

The Illinois Biometric Information Privacy Act (“BIPA”): When Will Companies Heed the Warning Signs?

The Illinois Biometric Information Privacy Act (“BIPA”) went into effect in 2008 and has been a steady source of litigation ever since. This post summarizes the obligations BIPA imposes, the current state of BIPA litigation, and what steps businesses can take to reduce litigation risks. What is BIPA? The stated intent of BIPA was to … Continue Reading

Illinois Supreme Court Decides Actual Harm Not Necessary to Sue under BIPA

On January 25, 2019, the Illinois Supreme Court ruled that a consumer need not demonstrate an adverse effect or specific harm, such as evidence that personal information was stolen or misused, to have standing to sue under the state’s Biometric Identity Protection Act (BIPA). The court held that a procedural violation of the law itself … Continue Reading

Illinois Supreme Court to Resolve the Conflict over the Scope of BIPA’s Private Right of Action.

In Illinois, the courts are grappling with an issue akin to the Article 3 standing issues that courts have been analyzing in post-breach cases for years, that is, whether a plaintiff must claim actual harm as a result of a statutory violation or whether the violation is sufficient by itself to support standing to sue.… Continue Reading
LexBlog