Shaping the BIPA Landscape: Notable Trends and Developments
The Illinois Biometric Information Privacy Act (BIPA) remains one of the most litigated privacy statutes, and it appears that trend will continue for the foreseeable future. Two consequential cases await decisions by the state’s Supreme Court, while there have been several notable settlements, including Snap Inc.’s agreement to a $35‑million class action settlement, judicial approval of a $92‑million class action settlement involving claims against TikTok and Clearview AI's settlement with the ACLU this past May.
In this first article in a two-part series, Jeffrey Rosenthal is quoted extensively throughout the discussion on current issues and trends in BIPA litigation. He explains notable cases and decisions to watch, types of cases getting filed, industries that are being focused on, and why insurers are revising policies—Rosenthal noted that there has been a tertiary wave of insurance coverage cases. "Sometimes it depends which section of BIPA is being alleged to have been violated. The pendulum has swung both ways in terms of pro-insured or pro-carrier," he said.
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"Shaping the BIPA Landscape: Notable Trends and Developments," by Jill Abitbol was published in Cybersecurity Law Report on September 7, 2022.