Subject Index Biometrics

Collection of biometric information from health care workers for health care treatment, payment, and operations under the Health Insurance Portability and Accountability Act is excluded from Biometric Information Privacy Act protections

March
2024
Illinois Law Update
, Page 18
On Nov. 30, 2023, the Illinois Supreme Court held that biometric information taken from health care workers for health care treatment, payment, and operations under the Health Insurance Portability and Accountability Act (HIPAA) is excluded from Biometric Information Privacy Act (BIPA) protections.

Section 301 of the Labor Management Relations Act preempts Biometric Information Privacy Act claims

June
2023
Illinois Law Update
, Page 16
On March 23, 2023, the Illinois Supreme Court held that section 301 of the Labor Management Relations Act (LMRA) preempts Biometric Information Privacy Act (BIPA) claims from bargaining unit employees under collective bargaining agreements (CBA).

Biometric Information Privacy Act claims accrue per scan or transmission of biometric information

May
2023
Illinois Law Update
, Page 14
On Feb. 27, 2023, the Illinois Supreme Court held that a separate claim accrues under the Biometric Information Privacy Act (BIPA) for each scan or transmission of an individual’s biometric information.

Five-year catchall limitations period governs all Biometric Information Privacy Act claims

May
2023
Illinois Law Update
, Page 14
On Feb. 2, 2023, the Illinois Supreme Court held that all Biometric Information Privacy Act (BIPA) claims are governed by a five-year catchall limitations period.

Insurance Providers & BIPA Litigation

By Charles N. Insler
October
2022
Article
, Page 36
BIPA litigation has become a mainstay of Illinois courts. But do insurers have an obligation to defend their insureds in BIPA litigation?

Finger-scan information does not fall under Biometric Information Privacy Act’s exclusions

June
2022
Illinois Law Update
, Page 16
On Feb. 25, 2022, the First District of the Illinois Appellate Court found that a protection exclusion in section 10 of the Biometric Information Privacy Act (BIPA) does not apply to biometric information of health care workers.

Claims made by union member-employees under the Biometric Information Privacy Act are preempted by federal law

May
2022
Illinois Law Update
, Page 14
On Feb. 22, 2022, the First District of the Illinois Appellate Court held that certain Biometric Information Privacy Act claims are preempted by federal law.

Workers’ Compensation Act provisions do not bar a claim for damages under the Illinois Biometric Information Privacy Act

May
2022
Illinois Law Update
, Page 14
On Feb. 3, 2022, the Illinois Supreme Court held the exclusivity provisions of the Workers’ Compensation Act (Compensation Act) do not bar damages claims under the Biometric Information Privacy Act (Privacy Act).

I Can’t Quite Put My Finger on It

By Thomas A. Drysdale
October
2020
Article
, Page 26
Is biometrically unlocking a digital device a self-incriminating act?

Illinois Is in a Class by Itself

By Rhys Saunders
April
2020
LawPulse
, Page 10
Illinois’ Biometric Information Privacy Act is making the state a class-action magnet.

Still a Wild Ride

By Charles N. Insler
January
2020
Article
, Page 40
Litigation under the Illinois Biometric Information Privacy Act after Rosenbach.

Rule of Thumb

By Rhys Saunders
March
2019
LawPulse
, Page 16
Illinois Supreme Court clarifies burden of proof under state's strict biometric privacy law.

Amendments to weaken BIPA effectively dead

By Matthew Hector
June
2018
LawPulse
, Page 10
Amendments adding exemptions to the incidental collection of biometric data stall in state Senate.

Illinois-based biometric Facebook case becomes a class action

By Matthew Hector
June
2018
LawPulse
, Page 10
The state's strict Biometric Information Privacy Act adds to Facebook's privacy woes.

Understanding the Biometric Information Privacy Act Litigation Explosion

By Charles N. Insler
March
2018
Article
, Page 34
The Biometric Information Privacy Act has made Illinois a national litigation hotbed, spawning suits against companies ranging from Google and other tech giants to tanning salons. Here's why it's happening and how defendants are responding.

Court: Suit based solely on technical violations of biometric privacy law can’t go forward

By Matthew Hector
February
2018
LawPulse
, Page 12
The second district rules that plaintiffs can't sue for being fingerprinted without disclosures or consent unless they allege some harm beyond those technical violations of the act.

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