Thompson Coburn labor and employment partner Art Silbergeld and business litigation associate Aya Elalami, both practicing in the firm’s Los Angeles office, authored an article on growing concerns surrounding biometric information for the Daily Journal. “Are Biometric Data Violation Cases Coming to a Courthouse Near You?” published May 18, 2023, takes a look at the increasing number of states enacting dedicated biometric privacy laws, placing greater restrictions on the collection, use and sharing of biometric information, and increasing potential liability for companies who collect the information.
Regarding the Illinois Biometric Information Privacy Act, or “BIPA,” the authors write that “remarkably, consumers do not have to demonstrate an injury or adverse effect as a result of a BIPA violation. For liability to arise, consumers only need to show that a company collected their personal data without prior consent or failed to inform them how the information would be used.”
Given the significant penalties business may be exposed to for violations, Silbergeld and Elalami detail five specific steps organizations should consider to avoid potential liability.
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