Since the Seventh Circuit’s seminal decision clarifying federal standing requirements for biometrics lawsuits earlier this year, federal cases brought under the Illinois Biometric Information Privacy Act (BIPA) increased. To avoid this trend, social media and technology companies collecting and using biometrics would be wise to review their BIPA compliance practices, especially how they obtain informed, written consent under Section 15(b).
Enacted in 2008, the Illinois legislature sought to protect biometric identifiers, such as face geometry and voiceprints, from identity theft and other harms. Two recent cases then made bringing these suits easier.
First, in 2019, the Illinois Supreme Court ...