(l-r) Kathleen Carlson, Lawrence Fogel and Colleen Brown of Sidley Austin. Courtesy photos A New Wave of Class Actions: The Genetic Information Privacy Act
"In 2023 alone, over 50 GIPA complaints were filed, and new suits continue to be filed in 2024," write Kathleen Carlson, Lawrence Fogel and Colleen Brown of Sidley Austin.
April 23, 2024 at 10:00 AM
8 minute read
The exponential increase over the past several years in lawsuits brought under Illinois' Biometric Information Privacy Act (BIPA) is well documented. The plaintiffs' bar now appears to have broadened its focus to include another Illinois privacy statute: the Illinois Genetic Information Privacy Act (GIPA), which regulates the use of genetic testing information. Like BIPA, GIPA provides a private right of action, permits recovery of steep statutory damages, and has experienced a recent proliferation in lawsuits after remaining relatively dormant for nearly 25 years. In 2023 alone, over 50 GIPA complaints were filed, and new suits continue to be filed in 2024. This article explores some of GIPA's emerging issues and unanswered questions.
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