Analyzing the Growth of Biometric Data Collection and Resolving Related Privacy Breach Concerns

April 11, 2018 11:45am

Douglas A. Darch
Baker & McKenzie LLP (Chicago, IL)

Cara Dearman
Assistant General Counsel – eCommerce, Member Programs, and Privacy
Sears Holdings Corporation (Chicago, IL)

Liisa M. Thomas
Sheppard, Mullin, Richter & Hampton LLP (Chicago, IL)

In 2008, Illinois was one of the first states to pass a stringent law called the Biometric Information Privacy Act (BIPA). BIPA prohibited companies from taking biometric information such as iris scans, fingerprints, or facial recognition without consent. A recent surge of lawsuits throughout the country alleges that companies and employers have taken biometric information without proper consent. In this session, the speakers will explore the new wave of privacy litigation and strategies to manage it.

Topics of discussion will include:

  • Interpreting recent case law on biometric litigation
  • Exploring the latest wave of cases brought by Plaintiffs firms
  • Analyzing BIPA and cases specific to Illinois regarding the collection of information
  • Reviewing cases where companies take consumer information without their consent for cyber use
  • Determining whether BIPA is violated where employees take fingerprint scans of employees when they arrive to “punch in” their time card at work
  • Developing strategies for managing defenses and limiting liability