A recent Illinois Supreme Court opinion found that the coverage afforded for personal or advertising injuries in business owners’ liability policies may apply to claims under the state’s Biometric Information Privacy Act (“BIPA”).  We anticipate this decision will have a significant impact in this area going forward.  West Bend Mutual Insurance Company v. Krishna Schaumburg

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

New York Biometric Law Goes into Effect Next Month: Alan Friel and Niloufar Massachi Tell Businesses What They Need to Know |

Following up on our prior coverage (see here and here), this week a federal court denied Plaintiffs’ request for the first-ever injunction under BIPA In re: Clearview AI, Inc. Consumer Privacy Litigation, Case No. 1:21-cv-00135 (N.D. Ill).  Read on for the scoop.

Recall that Clearview collects publicly-available images on the Internet and organizes

At Security and Privacy Bytes, Alan Friel and Niloufar Massachi have a detailed, must-read analysis of two recent New York biometric laws, both of which set forth requirements when it comes to processing of biometric data that expand consumers’ rights.  As they explain “[r]egulations governing biometric data collection, use, and processing have already been

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

BIPA Litigation in Illinois Federal Court Paused Pending Significant Decisions in Other Cases Concerning Statute’s Application and Scope | Consumer Privacy World

A federal court recently paused a litigation brought under Illinois’s Biometric Information Privacy Act (“BIPA”), pending the outcome of several other cases which could be dispositive.  Herron v. Gold Standard Baking, Inc., 2021 U.S. Dist. LEXIS 69336 (N.D. Ill.).  Read on for a recap of issues on the horizon for this frequently litigated data

In case you missed it, below is a summary of recent posts from CPW.  Please feel free to reach out if you are interested in additional information on any of the developments covered.

The Sedona Conference Commentary on Quantifying Violations Under U.S. Privacy Laws Published for Public Comment | Consumer Privacy World

BREAKING NEWS: In

CPW has been following the Clearview Illinois Biometric Information Privacy Act (“BIPA”) litigation for quite some time.  On Friday, Clearview argued to an Illinois federal judge that an injunction should not be issued precluding the company from collecting data.  This included, among other reasons, the argument that Clearview’s business operations are exempt from BIPA and

Once again, we find ourselves reviewing a pertinent decision regarding the Illinois Biometric Information Privacy Act (“BIPA”).  For our new readers, BIPA regulates the sale and storage of “biometric information”.  In 2008, when the legislature enacted it, BIPA was acknowledged as forward thinking.  Since then, it has consistently raised novel issues in litigation.  A recent

Frequent readers of CPW will recall our coverage of the Clearview MDL currently pending in the Northern District of Illinois.  Plaintiffs, seeking to represent a class of Illinois residents, have filed a class action lawsuit claiming that the defendant, Clearview AI, Inc. has collected the biometric information of Illinois residents and sold that information in