3 Takeaways From Ill. Ruling On BIPA And Workers' Comp

Law360 (September 23, 2020, 9:17 PM EDT) -- Privacy attorneys weren't shocked by a recent Illinois state appellate ruling finding the state's workers' comp law doesn't preempt claims for statutory damages under its biometric privacy statute, but they say the decision left open some questions and is likely to be reviewed by Illinois' top court.

The proposed class action was closely watched, as a number of employers have argued exclusivity provisions in the state Workers' Compensation Act preempt claims they violated the Illinois Biometric Information Privacy Act.

When the question was first certified to the appellate court in October 2019, the BIPA litigation landscape was less developed, but since then,...

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