The Chicago Lawyer Magazine interviewed Shook Partner Gary Miller for “About Faces: Facial Geometry, Voiceprints and Retinal Scans—How Much Biometric Data Can an Employer Legally Keep?” The article discusses Illinois’ Biometric Information Privacy Act (BIPA) and recent technology such as Google’s "Arts & Culture" mobile app.
In recent months, dozens of lawsuits have been filed in Illinois alleging BIPA violations. Miller said the legal issues are brand-new and unresolved by the courts.
“It’s new ground. There are analogous cases or situations but no courts have ruled on these questions yet,” he said. “The decisions in the Illinois courts on this will certainly affect decisions in other courts but maybe more important will be looked at by the legislative bodies in other states that are considering adopting similar statutes and how they word the statutes.”