Illinois recently updated its employment law, the Illinois Human Rights Act to prohibit discriminatory uses of AI. Artificial intelligence as defined by the amendment will cover generative artificial intelligence, not just traditional AI. The amendments are set to take effect on January 1, 2026.Continue Reading Illinois Updates Employment Law to Address Artificial Intelligence
Illinois Privacy
It’s Official – BIPA’s “Per-Scan” Damages Are Out; Electronic Signatures Are In
If you heard a collective sigh of relief last week, it was probably businesses reacting as Illinois Governor Pritzker finally signed Senate Bill 2979, officially reforming BIPA for the first time since 2008. As a reminder, SB 2979 was passed back in May, but has been awaiting the Governor’s signature.Continue Reading It’s Official – BIPA’s “Per-Scan” Damages Are Out; Electronic Signatures Are In
BIPA Reform Watch – Illinois Legislature Eliminates “Per-Scan” Damages
For the first time since 2008, BIPA reform is in the air. On May 16, 2024, the Illinois House of Representatives overwhelmingly approved Senate Bill 2979, which paves the way for final passage to Governor J.B. Pritzker’s desk.Continue Reading BIPA Reform Watch – Illinois Legislature Eliminates “Per-Scan” Damages
The Landscape of GIPA Litigation in Illinois
Class action litigation has exploded in cases involving violations of Illinois’ Biometric Information Privacy Act (“BIPA”). Less known and litigated is Illinois’s Genetic Information Privacy Act (“GIPA”) – enacted in 1998. But recent trends may portend an increase in GIPA filings on the horizon.Continue Reading The Landscape of GIPA Litigation in Illinois
Illinois Supreme Court Finds Federal Law Labor Preempts Union Members’ BIPA Claims
Can unionized employees sue their employers in court for violations of Illinois’ Biometric Information Privacy Act (BIPA)? In a rare victory for BIPA defendants, the Illinois Supreme Court unanimously ruled they cannot.Continue Reading Illinois Supreme Court Finds Federal Law Labor Preempts Union Members’ BIPA Claims
Illinois High Court Rules “Per-Scan” Damages Can Be Awarded Under BIPA
February 2023 was a momentous month for Illinois’ Biometric Information Privacy Act (BIPA). Just two weeks after imposing a 5-year time limit for all BIPA claims, the Illinois Supreme Court resolved another pressing issue. In Cothron v. White Castle System, Inc., the Illinois Supreme Court considered whether a BIPA claim accrues every time a company scans or transmits a person’s biometric identifier (e.g., fingerprint) without consent. In a closely divided 4-3 ruling, the Court answered “yes.” Continue Reading Illinois High Court Rules “Per-Scan” Damages Can Be Awarded Under BIPA
Illinois High Court Allows Biometric Privacy Claims to Go Back Five Years
A plaintiff has her fingerprints forever. But she doesn’t have forever to file a lawsuit for improper retention, deletion, collection, or use of her fingerprints. For years, Illinois courts have been perplexed on what statute of limitations applies to different claims under the Illinois Biometric Information Privacy Act (“BIPA”). That left an unanswered question: how long does a plaintiff have to file a BIPA claim before losing it? The Illinois Supreme Court weighed in last week, siding with the plaintiffs’ bar. In Tims v. Black Horse Carriers, Inc., that Court held that plaintiffs have five years to file any BIPA claim.Continue Reading Illinois High Court Allows Biometric Privacy Claims to Go Back Five Years
Illinois Appellate Court Weighs in on Biometric Data Policies
An Illinois state appellate court’s recent ruling will impact how companies consider compliance with Illinois’ Biometric Information Privacy Act (BIPA). That court ruled companies must have a BIPA-compliant written retention-and-destruction policy in place before collecting and possessing biometric data. The decision makes clear that mere possession of biometric data triggers the duty to develop the necessary written BIPA policy. In relevant part, under BIPA’s section 15(a), companies must establish a written, publicly-available policy that governs their retention and destruction of biometric data.Continue Reading Illinois Appellate Court Weighs in on Biometric Data Policies
Beware BIPA Bifurcation: Plaintiffs’ New Gambit to Split BIPA Claims Between State and Federal Courts
The Illinois Biometric Information Privacy Act (BIPA) has spawned hundreds of class action lawsuits and a raft of unresolved issues. A core issue from a litigation perspective—as well as for companies bracing for potential lawsuits—is one of “standing,” and in particular, what BIPA claims can be brought by plaintiffs in what venues.
Continue Reading Beware BIPA Bifurcation: Plaintiffs’ New Gambit to Split BIPA Claims Between State and Federal Courts