The New York Law Journal published an article by partners Geoffrey G. Young, Charles A. DeVore, Trisha Sircar and associate Christopher T. Vazquez on the increasing influence of the Illinois Biometric Information Privacy Act (BIPA) and what the law means for New York.
In the article, the attorneys review the history of BIPA, the patchwork of laws developing across the country, and recent cases, including a $228 million verdict in a case alleging violations of the Illinois' groundbreaking 2008 law.
The authors explain why companies using and relying on biometric technologies need to be paying close attention to developments; the continuing rise in biometric technology use has prompted lawmakers to focus more on regulation and led to an increase of private rights of action. The article discusses the state of New York City's biometric privacy law. It also reviews statewide legislation that would set a standard of care for handling information and mirrors the Illinois BIPA private right of action and damages scheme.
"Importing BIPA to New York: Biometric Law Enforcement on the Horizon," New York Law Journal, January 6, 2023