Prospective defendants in Illinois Biometric Information Privacy Act ("BIPA") cases might rest a little easier following a Ninth Circuit Court of Appeals decision finding that biometric identifiers must actually identify someone. District courts in the Seventh Circuit, however, have not agreed, setting up a potential circuit split on the issue.
With insights from Blank Rome partner Jeffrey N. Rosenthal and partners at Bradley Arant Boult Cummings and Locke Lord, this article examines the July 2024 Zellmer v. Meta Platforms, Inc. decision and its implications, including in the context of other decisions and a recent BIPA amendment, and offers practical BIPA compliance lessons.
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"Aftermath of the Ninth Circuit BIPA Liability Shake‑Up in Zellmer v. Meta," by Lori Tripoli was published in the Cybersecurity Law Report on October 23, 2024.
