Employment Practices Insurance Can Cover BIPA Claims

Law360 (February 20, 2019, 4:34 PM EST) -- In the last few years, class actions filed pursuant to the Illinois Biometric Information Privacy Act have become more and more prevalent. The Illinois Supreme Court's recent decision in Rosenbach v. Six Flags Entertainment Corp.[1] guarantees that the number of BIPA suits filed will increase — perhaps exponentially — in the future.

Although BIPA was originally passed to allay concerns that consumer biometric data would be bought and sold without the consent of the consumers who provided their data,[2] plaintiffs have also targeted employers who collect biometric data from employees — a common example being the use of fingerprint scanners to...

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