States Writing Biometric-Capture Laws May Look To Illinois

Law360, New York (July 14, 2015, 7:29 AM EDT) -- Recent class actions filed against Facebook and Shutterfly are the first to test an Illinois law that requires consent before biometric information may be captured for commercial purposes. Although the instant cases focus on biometric capture activities in the social-media realm, the cases and Illinois law at issue have ramifications for anybody who employs biometric-capture technology, including those who use it for security or sale-and-marketing purposes.

The Recent Suits

Within the last three months, plaintiffs sued Facebook and Shutterfly for purportedly capturing biometric data in violation...
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