ANALYSIS: AI Surveillance Gains Ground in Employees’ BIPA Suits

Employers are facing a growing number of allegations of illegal collection and use of employee biometrics using AI technology, even though federal court lawsuits citing violations of the Illinois Biometric Information Privacy Act (BIPA) decreased overall in Q3. For the first time in nine quarters, employment-related BIPA filings—driven increasingly by concerns about workplace AI-powered voice and facial recognition software—outnumbered consumer-related filings, according to an analysis of Bloomberg Law dockets.

In the third quarter of 2023, only 15 initial complaints citing BIPA violations were filed in federal court, the lowest level of activity in two years. However, nine of ...