Rachel Laurel
rlaurel@smsm.com
Showing 2 posts by Rachel Laurel.
CYBER RISK CLIENT ALERT: BIPA Cutbacks Stalled in Springfield - For Now.
In response to the Illinois Supreme Court’s ruling in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186 (actual harm is not required for standing under the Illinois Biometric Information Privacy Act), the Illinois legislature is now considering amending the statute, in part, by removing its private right of action.
Illinois was the leader in enacting privacy protections for biometric data. Illinois is still one of only a few states to have such protections in place (along with Texas and Washington). Arizona, Florida, and Massachusetts have proposed regulations to protect biometric identification, and California will have its biometric protections take effect on January 1, 2020. More »
CYBER RISK CLIENT ALERT: Actual Harm is not Necessary Under BIPA
Recently, the Illinois Supreme Court resolved contradictory rulings from lower courts regarding standing under the Illinois Biometric Information Privacy Act (“BIPA”), 740 ILCS § 14/5 (West 2016). The likely result of this ruling was that there will be increased litigation under BIPA.
In Rosenbach v. Six Flags Entertainment Corp., 2017 IL App (2d) 170317, the Illinois Supreme Court held that an individual is not required to show actual harm; establishing a technical violation of under BIPA is sufficient to be “aggrieved” and allow a plaintiff to seek remedial measures. More »
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