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The Illinois Biometric Information Privacy Act (BIPA): Implications in Light of Rosenbach

February 12, 2019

Please join Dykema for a discussion on Illinois’ law on biometric privacy, the Biometric Information Privacy Act (BIPA) and the potential litigation fallout in light of the Illinois Supreme Court decision in Rosenbach.  

The Rosenbach opinion reversed a defense favorable decision relating to what is necessary to qualify as an “aggrieved party” to state a claim under the Act. The court’s reversal sets a low threshold for stating a claim which in turn is expected to result in a proliferation of class action lawsuits directed against any entities that use biometric data. Any person or company that collects or uses biometric information should be aware of BIPA’s requirements, the risks of violating – or being alleged to have violated – those requirements, and ways to mitigate those risks.

Our discussion will include:

  • An overview of the history, scope, and requirements of BIPA
  • A summary of the Rosenbach decision and its anticipated implications
  • Questions left open following Rosenbach
  • Potential defenses to the merits of a BIPA claim  
  • How various class action defenses might be used in BIPA actions
  • Best practices for developing BIPA compliance policies, procedures, and training
  • What the future might hold for BIPA itself  

Tuesday, February 12
1:00 pm – 2:00 pm EST

Speakers: Cindy Motley, Director — Global Data Privacy and Information Security, Chicago; Heather Kramer, Member, Chicago; Rosa Tumialán, Member, Chicago

Click here to register

CLE accreditation is anticipated for California, Illinois and Texas. We provide Uniform Certificates of Attendance and jurisdiction-specific information for those licensed in other jurisdictions. Please contact Sarah Minjoe at sminjoe@dykema.com with questions.