Marc S. Voses

All articles by Marc S. Voses

 

Employees’ Claim Under the Illinois Biometric Information Protection Act Escapes Arbitration Provision in Employment Agreement

A recent decision by an Illinois appellate court analyzed whether employees’ privacy violation claims fall within their employment agreements’ arbitration provision. At issue was an employer’s use of biometric information collected from its employees and the consequences of doing so in a manner that was allegedly inconsistent with applicable law, and whether those claims are subject to arbitration, rather than litigation in a court of law.  The Illinois Biometric Information Act As the court noted, the Illinois Biometric Information Protection Act was enacted in 2008…  

San Francisco Legislation Would Ban the City’s Use of Facial Recognition Technology

Over the last few years, there has been a marked increase in legislation regulating the collection and retention of individuals’ biometric information.  For instance, Illinois, Texas, and Washington have enacted legislation regarding the collection of biometric information, and the European Union’s General Data Protection Regulation broadly regulates the collection of biometric data.  In San Francisco, one motivated municipal lawmaker with similar concerns relating to privacy and the disproportionate impact surveillance has had on certain communities proposed a bill that would regulate how the city uses…  

As If 200 Class Action Lawsuits Weren’t Enough…

The Illinois Supreme Court finally made its long awaited ruling on standing to sue under the Illinois Biometric Information Privacy Act (BIPA), siding with the class action representative in Rosenbach v. Six Flags Entertainment Corp., 2019 IL 123186, and allowing persons having suffered no actual injury to maintain a cause of action under BIPA.  BIPA has already given rise to 200+ putative class action lawsuits against businesses nationwide, including those with any measureable operation in Illinois. Businesses have fought back, arguing that BIPA’s private…