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Shaping the BIPA Landscape: Avoiding Liability

Cybersecurity Law Report

Litigation under the Illinois Biometric Information Privacy Act ("BIPA") has become a cottage industry for the plaintiffs’ bar. To minimize the risk of future litigation, companies thinking about using biometric technology or those that have already implemented the technology should develop (or revise) policies and best practices for using it.

In the second article in a two-part series, Jeffrey Rosenthal is quoted extensively throughout the discussion on practical steps that companies using biometric technology can take to avoid liability under Illinois’ and potentially other states’ laws. He discusses various challenges, how consent should be collected, and the importance of getting ahead of the risks of biometric technology—Rosenthal noted that companies shouldn't wait for their states' legislature to pass a law about biometrics. Instead, they should get their "compliance house and policies in order, and also consider whether it makes sense to procure insurance coverage," he said.

To read the full article, please click here.

"Shaping the BIPA Landscape: Avoiding Liability," by Jill Abitbol was published in Cybersecurity Law Report on September 14, 2022.