bipa – Duane Morris TechLaw

August 29, 2024 by Duane Morris

Employment Legislation in Illinois Regulates BIPA and AI

In the span of 10 days in August 2024, Illinois Governor J.B. Pritzker signed into law a series of significant employment legislation, paving the way for a new employment landscape beginning in 2025 and 2026. The new legislation includes:

- Adding new requirements for employers utilizing artificial intelligence in their decision-making processes, and imposing liability under the Illinois Human Rights Act if those AI systems create a discriminatory effect;
- Passing long-awaited reforms to the Biometric Information Privacy Act that limit the number of violations an individual may accumulate under the law

Read the full Alert on the Duane Morris website.

August 12, 2024 by Duane Morris

Changes to Illinois Biometric Data Law Lower Liability, but the Stakes Remain High

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.

October 16, 2023 by Duane Morris

Webinar: Let’s Talk About Tech – Wearable Fitness and Health Tech

Duane Morris LLP will hold a webinar, The Data Privacy and Security Landscape: Let’s Talk About Tech ‒ Wearable Fitness and Health Tech on Monday, November 6, 2023, from 12:30 p.m. to 1:30 p.m. Eastern time.

REGISTER

About the Program

Wearable tech is everywhere—on your wrist, in your pocket, on your finger and even at work. With the ubiquity of fitness technology, what are the implications of these pervasive devices? How are companies collecting this data storing and protecting consumer information? What laws and regulations are in place as device use continues to expand? Join our panelists for a discussion on the current state and future of wearable fitness and health tech, including:

- FDA regulation of wearable devices: What is and isn’t a medical device?
- FDA guidance on wireless technology and medical devices
- Biometric laws, including Illinois Biometric Information Privacy Act (BIPA), and the storage and protection of such data
- Implications of HIPAA and wearable tech

Presenters

Frederick R. Ball, Partner

Neville M. Bilimoria, Partner

Sheila Raftery Wiggins, Partner