2021 was another record setting year for biometric litigation,
with class action plaintiffs bringing new AI-based consumer privacy
claims and a continuing trend of employment-based disputes. Read on
for CPW's highlights of the year's most significant events
concerning biometric litigation, as well as our predictions for
what 2022 may bring.
Overview of 2021 BIPA Litigations: What Do the Numbers
Show?
One of the most critical consumer privacy statutes for biometric
litigation has been Illinois' Biometric Information Privacy Act
("BIPA"), which regulates the collection, processing,
disclosure, and security of the biometric information of Illinois
residents.
BIPA protects the "biometric information" of Illinois
residents, which is any information based on "biometric
identifiers" that identifies a specific
person—regardless of how it is captured, converted, stored,
or shared. 740 ILCS 14/10. Biometric identifiers
are "a retina or iris scan, fingerprint,
