How To Stay Protected When Using Biometrics Post-Spokeo

Law360, New York (September 15, 2017, 10:53 AM EDT) -- On Aug. 15, 2017, the Ninth Circuit put the U.S. Supreme Court’s recent guidance from Spokeo into effect and established a test courts may use for determining whether the violation of a biometric privacy law is sufficient to support a lawsuit. This rule suggests a plaintiff can now bring suit against a company for violating the procedures of a biometric privacy law if they can show:

The biometric privacy law was established to protect the plaintiff’s concrete interests (as opposed to purely procedural rights), and

  The specific procedural violations alleged actually harm, or present a material risk of harm to,...

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