Biometric data. Credit: HQuality/Shutterstock.com Importing BIPA to New York: Biometric Law Enforcement on the Horizon
Due to the increasing focus on biometric litigation, this article provides an overview of the Biometric Information Privacy Act, as well as existing and proposed New York law regulating biometric information.
January 06, 2023 at 02:20 PM
8 minute read
Privacy
Recently, a Chicago federal jury awarded $228 million in damages to a class of truck drivers based upon the defendants' alleged violation of Illinois' Biometric Information Privacy Act (BIPA), which strictly confines an organization's ability to use, sell or disclose biometric information without an individual's express consent. See Rogers v. BNSF Railway Company, No. 19-cv-3083 (N.D. Ill. Oct. 12, 2022). Although BIPA has been in existence since 2008, Rogers is the first BIPA case that has gone to a jury verdict. Biometric data includes any data capturing physical characteristics that can be used to identify a particular person, including a fingerprint, iris scan or voice print, and has become embedded in the regular course of business.
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