BIOMETRIC AND GENETIC PRIVACY
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Data privacy is a hot-button issue, and privacy laws have expanded nationwide, including those related to biometric and genetic information like fingerprints, facial scans and family medical history. Many of these laws impact businesses and employers in unexpected ways, with judicial interpretations changing frequently.
A business’s best response is a defensive strategy that includes ongoing monitoring of legislative changes and court decisions at all levels. Illinois’ Biometric Information Privacy Act (BIPA) is a case in point. BIPA has significantly impacted businesses by requiring consent for the collection, storage, and use of biometric data. Compliance requires strict data protection measures, which can increase operational costs and legal risks. Non-compliance can lead to costly results and reputational damage. Since BIPA’s enactment, hundreds of companies operating or based in Illinois have faced challenges created in this uncertain landscape. The statute’s expansive definition and enforcement can create millions of dollars of exposure off of a single fingerprint, with up to $1,000 to $5,000 in damages for each biometric scan. Many legal issues remain unexplored.
And it’s not just BIPA – there are laws in other jurisdictions related to biometrics, in states including New York, Texas and Washington. There’s also the Genetic Information Nondiscrimination Act (GINA), which prohibits employer discrimination on the basis of genetic information.
Our attorneys focus on providing strategic advice that will position our clients to resolve liability. We closely monitor the privacy and technology spaces to ensure a defensive strategy incorporating the latest developments. We bring a multi-disciplinary background to defending novel statutory claims, with experience covering cybersecurity, complex commercial litigation matters, e-discovery issues, mass torts, and class actions. When appropriate, we can tap members of our cybersecurity, privacy, and data governance, human resources/labor and employment, and technology transactions groups to reinforce our strategies.
We work to get you back to regular business as soon as possible.
Publications
BIPA Update: Illinois Senate’s BIPA Amendment Passes the House
Silbergeld, Elalami Cover What You Need to Know About Biometric Data Violations for Daily Journal
Illinois Supreme Court holds that a five-year statute of limitations will apply to all BIPA Claims
Illinois Supreme Court ruling curtails prominent BIPA defense
How to guarantee bad performance from your vendors
New laws may give fiduciaries power to access digital assets
Summary and implications of proposed 'Counteracting Russian Hostilities Act of 2017'
Blog Posts
Fifteen Attorneys General Ask Congress Not to Replace State Privacy Laws With Federal Law
BIPA Update: Illinois Is One Step Closer to Amending How Damages Accrue under BIPA!
BIPA Update: Another Amendment Attempt for Illinois Privacy Law
California AG Announces Second Settlement Under the California Consumer Privacy Act
California Chamber Seeks State Supreme Court Review of Privacy Act Enforcement
NY Department of Financial Services Updates Regulations on Cybersecurity
FTC Issues Final Rule on New Breach Notice Requirement for Non-Bank Financial Institutions
CPPA’s Deputy Director of Enforcement Promises Vigorous Action by Expanded Enforcement Staff
SEC releases long-awaited proposal to revise Regulation S-P
FSA issues GLBA Safeguards Rule guidance
TCLE
The Value of Cyber and Privacy Diligence
Safeguarding the Data and Your Compliance Program – USED and GLBA
DOJ Cyber Fraud Initiative - Cyber Faces the FCA Hammer
Why Illinois Privacy and Cyber Developments Matter Nationwide
10 Ways To Avoid Cyber & Privacy Lawsuits
Complying with the Revised FTC Safeguards Rule: Lessons from the New York Experience
The Revised FTC Safeguards Rule - What It Means and Why It Is More Important Than You Might Think
California Privacy: CCPA and Beyond
Returning to Work During COVID-19: Employment and Privacy Law Considerations
CMMC and 800-171 in Government Contracting and Higher Education
Election Day Impacts for Cyber and Privacy
Protecting the Ever-Increasing Endpoints in Higher Education
In the Cyber Cross-hairs: Protecting High-Profile Targets
CCPA for Financial Institutions
Using GDPR to Prepare for CCPA, and Vice-Versa
Colleges Held for Ransom: Responding to a Ransomware Attack
Dealing with Vendors and Data Security
You Don’t Know What You’re Missing: Motivating Performance Through Service Level Agreements
News
Tonya Oliver Rose Discusses When to Tap Legal Counsel
Luke Sosnicki Shares Insights on Legal Challenges to Website Tracking Tools
Luke Sosnicki on CPPA Policy Around Artificial Intelligence
Evan Goldfarb Named a 2023 Women, Influence and Power in Law Award Winner
Luke Sosnicki on New California Agency Enforcement Priorities
Shreve Speaks to National Law Journal on Transatlantic Data Privacy Protection
Jim Shreve talks cybersecurity and higher education with University Business
Jennifer Visintine named a 2019 Missouri Up & Coming lawyer
DCP wins important copyright case
Jim Shreve joins Thompson Coburn as cybersecurity chair
Scottrade wins dismissal of data breach class action in the 8th Circuit
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Associate
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St. Louis
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Libby assists clients with a wide variety of business litigation matters. Libby assists clients with a wide variety of business litigation matters. |
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Partner
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Chicago
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David concentrates his practice in product liability and complex commercial litigation in federal and state courts in Illinois and elsewhere. David concentrates his practice in product liability and complex commercial... |
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Partner
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Dallas
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Ryan is an experienced employment law attorney who serves as a trusted advisor and effective litigator for employers of all sizes. Ryan is an experienced employment law attorney who serves as a trusted advi... |
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Partner
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Chicago
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Susan is a highly experienced employment law attorney who serves as a seamless extension of her clients' HR and in-house legal teams. Susan is a highly experienced employment law attorney who serves as a seaml... |
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Associate
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Chicago
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Drew applies practical litigation strategies to resolve his client's disputes as efficiently as possible. Drew applies practical litigation strategies to resolve his client's disput... |
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Partner
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Chicago |
Washington, D.C. |
Jim serves as a trusted advisor to clients facing complex cybersecurity and privacy issues — particularly those in the country's most highly regulated industries. Jim serves as a trusted advisor to clients facing complex cybersecurity and... |
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