Increasing Exposure for Insurers and Employers as Courts Strike Workers' Comp Bar to BIPA Claims
Gain insight into why litigation has spiked in recent years.
Litigation under the Illinois Biometric Information Privacy Act (BIPA) has grown substantially in recent years. The BIPA statute was established more than 10 years ago; however, litigation under its private cause of action, grown in part due to expanded use of biometric data by organizations and produced awareness regarding privacy rights in personal data. This white paper discusses how many BIPA claims have been brought in the employment context and discusses recent case law.
Joshua A. Mooney is a partner at White and Williams LLP. As the Co-Chair of the firm’s Cyber Law and Data Protection Group, Joshua Mooney advises clients on cyber risks and the complex patchwork of state and federal law on data privacy and security, including HIPAA, GLBA, New York’s cyber regulations, state data breach notification laws, and the EU’s General Data Protection Regulation (GDPR).
Josh helps companies assess and implement cybersecurity programs geared to preserve the confidentiality, integrity, and availability of client data. He guides clients through investigations and responses to cybersecurity incidents, including data breaches. Josh serves as an editor of a working group of X9, an ANSI-accredited standards developing organization, to develop a universal standard for data protection and data breach notification in the financial services industry. He also advises clients on threat sharing against cyberattacks under GDPR.