Laura Balson in our Chicago office recently discussed an amendment to the Illinois Biometric Information Privacy Act. At that time, the Illinois House and Senate had passed an amendment to Illinois Biometric Information Privacy Act, or “BIPA,” which was awaiting the signature of Gov, J.B. Pritzker (D). The amendment has now been signed and must be a consideration in BIPA litigation and in the use of biometric data.

Most significantly, the amendment specifies that an individual is limited to one recovery, even if there were multiple scans that violated the Act. This is good news for businesses.

In Jones v. Google, LLC, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit held that a district court judge erred in finding that state privacy claims were preempted by the federal statutory framework referred to as the Children’s Online Privacy Protection Act, or “COPPA.” The district court had dismissed a class action brought by children based on allegations “that Google used persistent identifiers to collect data and track their online behavior surreptitiously and without their consent…”