November 2017

Class Action Suits Allege Violations of Illinois Biometric Information Privacy Act

By: Gwenn Barney

As punch cards are replaced with retina scanners, and keys with fingerprint identification, employers are facing more lawsuits related to the protection of employees’ biometric data.

Last week, an employee filed two separate class action lawsuits in Illinois against salad restaurant chain Sweetgreen and Philadelphia-based food services provider Aramark for violations of the Illinois Biometric Information Privacy Act (BIPA). The new lawsuits add to over 30 lawsuits already filed for violations of BIPA in the past three months.

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The FTC Provides Additional Guidelines on COPPA Compliance

On October 23, 2017, the FTC provided additional guidance on the COPPA Rule regarding the collection of audio voice recordings by organizations covered by the law. The FTC advised that the collection of an audio file from a child, even when such a file is being used solely as replacement for written words, falls within the first prong of the definition of collection. As a result, as soon as an operator obtains a recording, the operator has collected the recording for purposes of the COPPA Rule regardless of how long it maintains possession of the file. The FTC advised that it understood the value of using voice as a replacement for written words in performing search and other functions on internet-connected devices, especially for certain consumers such as children who have not yet learned to write. As such, the FTC advises that it will not take any enforcement action in certain circumstances where an operator collects an audio file from a child without parental consent. …

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