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Illinois Biometric Information Privacy Act (“BIPA”) Update: What You Need to Know Now About its Impact and Legislative Efforts to Reform
May 4, 2022 @ 10:00 am - 11:00 am
Claims under the Illinois Biometric Information Privacy Act (“BIPA”) continue to vex Illinois businesses.
Since 2017, businesses have been named in more than 1,450 BIPA class action lawsuits and the new filings show no signs of slowing.
First enacted in 2007, the BIPA law requires an employer to obtain written consent before collecting any biometric information from employees such as fingerprint or retinal scans used for time clocks or access to secure areas. Private entities may also not capture any biometric information from customers. In an early court case resulting in a $36 million settlement, Six Flags Entertainment Corporation used fingerprint data for season pass holders. Fines can be between $1,000 and $5,000 per occurrence and no actual harm must be proven to be result in damages.
The IMA has also engaged in legal action to protect manufacturers and businesses by filing an Amicus brief in the Cothron v. White Castle case in addition to seeking legislative remedies.
Join us for this opportunity to discuss the current state of BIPA litigation in Illinois, including trends and new theories from the plaintiffs’ bar and learn about legislative efforts for reform.
- Insights about common compliance gaps
- Practical suggestions about how to mitigate risk to your organization if you are currently using or have ever previously used biometric technology
- An overview of other biometric privacy laws outside of Illinois in order to help businesses ensure they are compliant with the ever-growing patchwork of privacy laws throughout the U.S.
- Current efforts to reform this Act
Mark Denzler | President & CEO, Illinois Manufacturers’ Association
Founded in 1893, the IMA is the oldest and one of the largest state manufacturing trade associations in the United States. Mark is the leading advocate for the state’s manufacturing companies and the 580,000 women and men who make things in Illinois. He is an effective and bipartisan advocate with a strong record of success.
Jody Kahn Mason | Principal, JacksonLewis
Jody has counseled countless companies regarding compliance with biometric privacy laws, including the Illinois Biometric Information Privacy Act (“BIPA”). She has litigated dozens of putative class action lawsuits involving alleged violations of the BIPA in state and federal courts throughout Illinois. She regularly speaks on biometric privacy issues and is a recognized thought leader regarding this developing and complex area of the law. Jody helps clients to mitigate potential exposure and aggressively litigates biometric privacy cases, when necessary.
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