Wow! Illinois Biometric Privacy Suits Proliferate

New Media and Technology Law

This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant chain, over its use of self-order kiosks that allow customers to use faceprints as a method to authenticate purchases. We will continue to monitor developments in these disputes and other ongoing biometric privacy litigation.

Lemley on Privacy, Property, and Publicity

Media Law Prof Blog

Lemley, Stanford Law School, has published Privacy, Property, and Publicity as a Stanford Public Law Working Paper. In Jennifer Rothman’s new book The Right of Publicity: Privacy Reimagined for a Public Age, she argues Mark A.

Trending Sources

Wave of Illinois Biometric Privacy Suits Continues Unabated

New Media and Technology Law

After noting the flood of Illinois biometric privacy suits in September , it appears that the flow of such suits remains robust. In recent years, biometric privacy suits initially involved social media services and video game makers, but have increasingly been asserted against businesses that collect biometric data to authenticate customers or employees, especially Illinois-based employers that use biometric timekeeping devices to verify employees when clocking in and out. .

EU-U.S. Privacy Shield Approved

New Media and Technology Law

Privacy Shield.” companies, please see my colleague’s post on our Privacy and Data Security Blog. Privacy EU privacy Privacy ShieldThe European Commission recently formally adopted the much discussed EU-U.S. ” For a summary of what this may mean for U.S.

EU 40

Illinois Biometric Privacy Suit over Employee Fingerprinting Remanded for Lack of Standing

New Media and Technology Law

An Illinois district court remanded to state court for lack of standing a biometric privacy suit brought by employees over the collection and storage of individuals’ fingerprints allegedly in violation of the Illinois Biometric Information Privacy Act , 740 ILCS 14/1 (“BIPA”). Biometrics Privacy biometric privacy BIPA employee biometric privacy fringerprints standing

Facebook Granted Dismissal of Biometric Privacy Claims Brought by “Non-Users”

New Media and Technology Law

This week, the court dismissed the Gullen putative class action asserting Illinois biometric privacy claims brought by “non-users” based on evidence that the social media site did not use its facial recognition technology on business or organizational accounts (as opposed to personal social media pages). ( Gullen v. In Gullen , the plaintiff alleged that Facebook violated the Illinois Biometric Information Privacy Act (BIPA), 740 Ill.

Illinois Biometric Privacy Suit Survives Dismissal Based on Harm from Alleged Disclosure of Data to Outside Vendor

New Media and Technology Law

21, 2017)), dismissed biometric privacy claims lodged against theme park operators for collecting fingerprints to authenticate season-pass holders allegedly in violation of the notice and consent provisions of Illinois’s Biometric Information Privacy Act (BIPA), which regulates the collection, retention, and disclosure of personal biometric identifiers and biometric information. Biometrics Privacy aggrieved person biometric privacy BIPA employee biometric privacy fringerprints

Skinner-Thompson on Performative Privacy

Media Law Prof Blog

Scott Skinner-Thompson, New York University of Law, is publishing Performative Privacy in the UC Davis Law Review. Broadly speaking, privacy doctrine suggests that the right to privacy is non-existent once one enters the public realm.

Litigants Alleging Procedural Violations of Illinois Biometric Privacy Statute (BIPA) Are Not “Aggrieved” Parties That May Seek Legal Remedies

New Media and Technology Law

As 2017 drew to an end, we noted the continuing flood of Illinois biometric privacy suits filed over the past year. There are literally dozens of cases pending, most in Illinois state courts, alleging violation of Illinois’s Biometric Information Privacy Act (BIPA), which regulates the collection, retention, and disclosure of personal biometric identifiers and biometric information.

California Court Declines to Dismiss Illinois Facial Recognition/Biometric Privacy Suit against Facebook on Standing Grounds

New Media and Technology Law

This past week, a California district court again declined Facebook’s motion to dismiss an ongoing litigation involving claims under the Illinois Biometric Information Privacy Act , 740 Ill. 26, 2018) (cases consolidated at In re Facebook Biometric Information Privacy Litig. , A violation of the BIPA notice and consent procedures infringes the very privacy rights the Illinois legislature sought to protect by enacting BIPA.

Employee Privacy

Media Law Prof Blog

Willborn, University of Nebraska, Lincoln, College of Law, is publishing Notice, Consent, and Non-Consent: Employee Privacy in the Restatement in volume 100 of the Cornell Law Review (2015). Privacy claims necessarily entail two determinations Steven L. Here is the abstract.

Appeals Court Affirms Dismissal on Standing Grounds of Biometric Privacy Suit over Videogame Facial Scan Feature

New Media and Technology Law

With the flood of Illinois biometric privacy suits lodged against employers in recent months, and multiple biometric privacy suits against social media and other mobile platforms currently pending over the use of photo tagging functions, 2017 has been a busy year in this area. We will continue to monitor developments in biometric privacy and technology.

Rothman on The Right of Publicity: Privacy Reimagined For a Public World (Introduction) @profrothman

Media Law Prof Blog

Jennifer Rothman, Loyola Law School (Los Angeles), has published The Right of Publicity: Privacy Reimagined for a Public World (Introduction) (Harvard University Press, 2018). THE RIGHT OF PUBLICITY: PRIVACY REIMAGINED FOR A PUBLIC WORLD (Harvard University

A Busy Month in the Facebook Photo Tagging Biometric Privacy Dispute

New Media and Technology Law

As discussed in past posts about the long-running Facebook biometric privacy class action, users are challenging Facebook’s “Tag Suggestions” program, which scans for and identifies people in uploaded photographs for photo tagging. The class alleges that Facebook collected and stored their biometric data without prior notice or consent in violation of the Illinois Biometric Information Privacy Act (BIPA), 740 Ill. Privacy Litig. , Privacy Litig. ,

Privacy and Court Records

Media Law Prof Blog

Ardia and Anne Klinefelter, both of the University of North Carolina, Chapel Hill, School of Law, are publishing Privacy and Court Records: An Empirical Study in the Berkeley Technology Law Journal. David S.

Rothman on The Right of Publicity: Privacy Reimagined in New York? @profrothman

Media Law Prof Blog

Jennifer Rothman, Loyola (Los Angeles) Law School; Yale Information Society Project; Yale Law School, is publishing The Right of Publicity: Privacy Reimagined for New York?

Ethiopian Data Privacy Law

Media Law Prof Blog

Kinfe Micheal Yilma, Hawassa University, is publishing Data Privacy Law and Practice in Ethiopia in volume 5 of International Data Privacy Law. Ethiopia has recognized the right to privacy throughout its brief constitutional history, albeit to Here is the abstract.

Cunningham on Privacy Law That Does Not Protect Privacy, Forgetting the Right To Be Forgotten

Media Law Prof Blog

McKay Cunningham, Concordia University School of Law, is publishing Privacy Law That Does Not Protect Privacy, Forgetting the Right to Be Forgotten volume 65 of the Buffalo Law Review (2017).

Is Android the Joe Camel of Privacy?

Music Technology Policy

Uncategorized adsense google android google privacy YouTube

Illinois Biometric Privacy Suit over Collection of Fingerprints Settled

New Media and Technology Law

Tan violated the Illinois Biometric Information Privacy Act (BIPA) by collecting Illinois members’ fingerprints for verification during check-in without complying with BIPA’s notice and consent requirements. This is one of the few reported settlements for BIPA violations, and unlike other ongoing biometric privacy litigation, the L.A. We will continue to monitor developments in biometric privacy litigation, including the important Facebook litigation still ongoing in California.

Bambauer on Whether Privacy Policies are Informational or Ideological @JaneYakowitz

Media Law Prof Blog

Bambauer, University of Arizona College of Law, has published Are Privacy Policies Informational or Ideological? Consumer privacy is predominantly regulated through disclosure. Jane R.

Court Refuses to Dismiss Biometric Privacy Action over Facial Recognition Technology Used by Google Photos

New Media and Technology Law

We’ve closely followed the numerous biometric privacy disputes and legislative developments surrounding the Illinois Biometric Information Privacy Act (BIPA), which precludes the unauthorized collection and storing of some types of biometric data. The decision is the latest must-read for mobile or online services that collect and store biometric data from users as to what extent their activities might fall under the Illinois biometric privacy statute.

California Court Refuses to Dismiss Biometric Privacy Suit against Facebook

New Media and Technology Law

These include: the enforceability of “clickwrap” as compared to “web wrap” website terms of use, the enforceability of a choice-of-law provision in such terms of use, and a preliminary interpretation of the Illinois Biometric Information Privacy Act (BIPA). See In re Facebook Biometric Information Privacy Litig. , The court’s interpretation of BIPA is likely to be a consideration in similar pending biometric privacy suits.

Privacy and Intellectual Freedom

Media Law Prof Blog

Cornwell, both of Washington University in Saint Louis School of Law, have published Privacy and Intellectual Freedom in The Handbook of Intellectual Freedom (Mark Alfino, ed., Neil M. Richards and Joanna F.

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

New Media and Technology Law

We’ve written extensively about the numerous lawsuits , dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). Moreover, in two instances in the past six months, a district court has dismissed a lawsuit alleging procedural and technical violations of the Illinois biometric privacy statute for lack of Article III standing. Thus, the epicenter of biometric privacy compliance and litigation has been the Illinois statute.

O'Dell on Comparative Defamation and Privacy Law--Irish Perspectives @cearta

Media Law Prof Blog

Eoin O'Dell, Trinity College (Dublin), has published Comparative Defamation and Privacy Law - Irish Perspectives at 40 Dublin University Law Journal 236 (2017).

An International Right To Privacy?

Media Law Prof Blog

Stephen Schulhofer, New York University School of Law, has published An International Right to Privacy? Be Careful What You Wish For as NYU School of Law Public Law Research Paper No.15-15. Here is the abstract. Nations now have unprecedented capacity

Employees Assert Illinois Biometric Privacy Claims against Supermarket over Fingerprint Collection Practices

New Media and Technology Law

Even though Washington passed its own biometric privacy law last month ( HB 1493 ), and other states are currently debating their own bills , Illinois’s Biometric Information Privacy Act (BIPA) is still the crux of biometric and facial recognition privacy-related litigation. We will continue to watch this dispute closely and monitor developments in biometric privacy and technology, including other ongoing litigation and pending legislative efforts in other states.

A Host of Biometric Privacy/Facial Recognition Bills Currently Circulating in State Legislatures

New Media and Technology Law

We’ve written extensively about the numerous lawsuits , dismissals and settlements surrounding the Illinois Biometric Information Privacy Act (BIPA). Moreover, in two instances in the past six months, a district court has dismissed a lawsuit alleging procedural and technical violations of the Illinois biometric privacy statute for lack of Article III standing. Thus, the epicenter of biometric privacy compliance and litigation has been the Illinois statute.

Facebook Seeks Dismissal in Illinois Facial Recognition Biometric Privacy Suit

New Media and Technology Law

As we have previously noted , Facebook has been named as a defendant in a number of lawsuits claiming that its facial recognition-based system of photo tagging violates the Illinois Biometric Information Privacy Act (BIPA). We will continue to closely watch the ongoing litigation surrounding biometric privacy – particularly since the specific Illinois statute in question has yet to be interpreted by a court with respect to facial recognition technology.

California Court Refuses to Dismiss Biometric Privacy Suit against Facebook

New Media and Technology Law

These include: the enforceability of “clickwrap” as compared to “web wrap” website terms of use, the enforceability of a choice-of-law provision in such terms of use, and a preliminary interpretation of the Illinois Biometric Information Privacy Act (BIPA). See In re Facebook Biometric Information Privacy Litig. , The court’s interpretation of BIPA is likely to be a consideration in similar pending biometric privacy suits.

Videogame Technology and Personal Privacy

Media Law Prof Blog

Joe Newman & Joseph Jerome, Future of Privacy Forum, and Christopher Hazard, Hazardous Software, Inc., Privacy and the New Questions Posed by Modern Videogame Technology in the American Intellectual Property Law Association Quaterly Journal

Washington Enacts a Biometric Privacy Statute in a Departure from the Existing Standard

New Media and Technology Law

We have been writing about the biometric privacy legal landscape, which has thus far been dominated by the Illinois Biometric Information Privacy Act (BIPA). It should be noted, however, that Washington has traditionally been one of the leading states with regard to the enforcement of consumer privacy. Biometrics Legislation Privacy biometric privacy biometric privacy legislation BIPA Washington statute

Kaminski on Privacy and the Right to Record @MargotKaminski

Media Law Prof Blog

Kaminski, Ohio State University College of Law and Yale Information Society Project, Yale Law School, is publishing Privacy and the Right to Record in volume 167 of the Boston University Law Review (2017). laws protect privacy Margot E.

Canada's New Digital Privacy Act

Media Law Prof Blog

Text of the new Canadian Digital Privacy Act, which received royal assent June 18, 2015. It still needs regulations into order to receive its full effect. Here's some analysis of the new Act (dating from when it was "just a

Biometric Privacy Claims over Facial Recognition Feature in Videogame Dismissed for Lack of Concrete Harm

New Media and Technology Law

For the second time in the past six months, a district court has dismissed a lawsuit alleging procedural and technical violations of the Illinois biometric privacy statute for lack of Article III standing. 27, 2017), the court dismissed Illinois biometric privacy claims against a videogame maker related to a feature in the NBA 2K videogame series that allows users to scan their faces and create a personalized virtual avatar for in-game play.

Froomkin on Building Privacy Into the Infrastructure

Media Law Prof Blog

Michael Froomkin (@mfroomkin), University of Miami School of Law, has published Building Privacy into the Infrastructure: Towards a New Identity Management Architecture as University of Miami Legal Studies Research Paper No.

Copyright and Privacy

Media Law Prof Blog

Pamela Sameulson, University of California, Berkeley, School of Law, is publishing Protecting Privacy Through Copyright Law? in Visions of Privacy in the Modern Age (Marc Rotenberg, ed.; 2014). Here is the abstract. A quartet of recent copyright cases have extended

Redefining Privacy: The Backlash Against Facebook’s New Privacy Controls

JetLawBlog

United States Senators, Facebook users, and consumer advocate groups are rallying against recent changes to Facebook’s privacy settings. The people who helped Facebook reach its popular status are the same people who are alienated and upset with the site’s new privacy settings.

Podcast: Trump’s Repeal of Online Privacy Protections

Media Law

This week on the legal-affairs podcast Lawyer 2 Lawyer, we look at President Trump’s repeal of internet privacy rules promulgated last year by the FCC. We explore the legal and privacy issues with two guests: Ernesto Falcon, legislative counsel […]. The post Podcast: Trump’s Repeal of Online Privacy Protections appeared first on Robert Ambrogi's LawSites.