The new BIPA? Recent GIPA filings should put companies on high alert

Privacy Law

By Jason Stiehl and Erika A. Dirk

Jason Stiehl is a partner in Crowell & Moring’s Chicago office, where he is a member of the firm’s Litigation and Technology and Brand Protection groups. Splitting his practice between class action defense and trade secret protection, his experience includes defense and counseling regarding the Illinois Biometric Information Privacy Act. Erika A. Dirk is an associate in Crowell & Moring’s Chicago office and a member of the firm’s Litigation practice group. She represents clients in complex litigation and has experience with claims for breach of contract, trade secrets disputes, and privacy and consumer protection matters, including claims brought under the Illinois Biometric Information Privacy Act.

Posted March 8, 2023 10:57 AM

The Illinois Biometric Information Privacy Act, 740 ILCS, 14 et seq., was enacted in 2008, ostensibly to ensure the proper capture, storage and safeguarding of biometric data used for financial transactions and security screenings. See 740 ILCS 14/5 (a)-(b).The bankruptcy of a company called Pay By Touch — which had gathered biometric data of users in Chicago area Jewel-Osco grocery stores — along with concerns about the status of that data post-bankruptcy, prompted concerned Illinois lawmakers to enact BIPA in …

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