Subject Index Biometrics

On Sept. 10, 2024, the First District of the Illinois Appellate Court held that there is no duty to defend when a claim does not potentially fall within coverage of an insurance policy.

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.

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).

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.

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.

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.

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.

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).