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Molly DiRago litigates complex commercial matters, focusing on biometrics and privacy, class actions, partnership and shareholder disputes, and consumer fraud. Molly takes a results-oriented approach and finds creative solutions for her clients, whether through litigation or extrajudicial procedures.

Q: What states have biometric laws and what does this mean for my company?

A. Introduction: Biometric Laws in 2022

In the first quarter of 2022 alone, no fewer than seven states have introduced biometric laws — California, Kentucky, Maine, Maryland, Massachusetts, Missouri, and New York — generally based on Illinois’ Biometric Information Privacy Act (BIPA). Currently, only Illinois, Texas, and Washington have enacted biometric laws, and only the Illinois law provides individuals with a private right of action. While California’s Consumer Privacy Act (CCPA) covers the protection of biometric data, the act only provides a private right of action where the information was involved in an unauthorized exposure as a result of the business’ failure to implement and maintain reasonable security procedures and the business’ failure to take certain steps after receiving a consumer request.

Continue Reading A Fresh “Face” of Privacy: 2022 Biometric Laws

Q. Does the Workers’ Compensation Act bar a claim for damages under Illinois’ Biometric Privacy Act (BIPA)?

A. The Illinois Supreme Court recently issued an opinion, finding that the Workers’ Compensation Act does not bar a claim for damages under BIPA.

Continue Reading Illinois Supreme Court Rules on Workers’ Compensation Act and BIPA

Q. My company uses dash-cams to monitor driver conduct, but the company is not located in Illinois. Do I still have to comply with the Biometric Information Privacy Act?

A. Yes, as long as the company has drivers who are Illinois residents, you must comply with BIPA. The good news, however, is that as long as your company fully complies with the statute, it can continue to use telematics.

Continue Reading Drivers’ Telematics Violates BIPA