In recent years, a heavy question mark has weighed on companies that process biometric information as part of their standard operating procedures: What is our risk exposure? On August 2, 2024, Illinois Governor J.B. Pritzker signed into law a bill passed by the Illinois Legislature in May to amend BIPA in a way that is expected to limit the risk exposure associated with violations. The amended text of BIPA now indicates that violations essentially occur on a per-person basis, not a per-scan basis. This is expected to yield a marked decrease in the number of violations for which a company may be liable, though penalties of up to $5,000 may still add up quickly where thousands of individuals or more are implicated. Read the full Alert on the Duane Morris website.
Website Tracking Technology Risks
As companies take advantage of new technologies in their interactions with customers and employees, they need to be mindful of the risks associated with implementation of those types of systems. This is especially true in the realm of federal and state privacy statutes, which in some instances have been created recently to address privacy concerns. There are also existing laws that are now being applied in a different context.
Read the Law360 article on the Duane Morris LLP website.